The Courier-Mail and Brisbane City Council; Various Others (Third Parties)

The Courier-Mail and Brisbane City Council; Various Others (Third Parties)
(210071, 30 May 2007) 

The applicant sought access to the full list of the top 100 water consumers in Brisbane and their water consumption data readings for the period April 2004 to March 2006 inclusive.  During the course of the review, 22 third party entities were taken to have objected to the disclosure of information concerning their businesses. 

Section 45(1)(b) Destroy or diminish commercial value of information 

First Assistant Commissioner Rangihaeata found that: 

·       the matter in issue does not comprise information which itself has a commercial value to the third party entities 

·       water consumption data or the fact that a business paid for water use is not essential to the profitability or viability of a continuing business operation and the subsequent use of the information and possible effect on consumer behaviour does not attribute a commercial value to the information 

Section 45(1)(c) Adverse effect on business, commercial, professional or financial affairs 

First Assistant Commissioner Rangihaeata found that the matter in issue concerned the third party entities’ business, commercial or financial affairs.  However First Assistant Commissioner Rangihaeata found that: 

·       disclosure of the matter in issue would not prejudice the future supply of information to government because the government is empowered by law to obtain the information 

·       disclosure of the matter in issue could not reasonably be expected to have an adverse effect on the third party entities’ business, commercial or financial affairs through damage to reputation and advantage to competitors.  On the facts of this case, disclosure to the ‘world at large’ of alleged incorrect or misleading information was not reasonably expected to cause commercial harm to the third party entities.