Resolution through negotiated disclosure for access to deceased family member’s records

The applicant sought access to a deceased family member’s records.  The agency decided to refuse access as the disclosure would, on balance, be contrary to the public interest.  OIC’s view on external review was that, apart from some very sensitive personal information, disclosure of most of the information in issue would not be contrary to the public interest to disclose, given:

• the applicant’s involvement in and knowledge of the family member’s affairs
• their close relationship
• the applicant’s status as an eligible family member; and
• the passage of time since the family member’s death.

The agency accepted OIC’s view and agreed to disclose relevant information, resolving the review.