Decision and Reasons for Decision - Office of the Information ...

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Office of the Information Commissioner (Qld) - 210906 - Page 14 of 22 • a letter from Q-COMP to QH regarding the workcover claim of one of its staff (pages 59-63 of Part One) (Q-COMP letter). 53. Section 44(1) of the FOI Act provides: 44 Matter affecting personal affairs (1) Matter is exempt matter if its disclosure would disclose information concerning the personal affairs of a person, whether living or dead, unless its disclosure would, on balance, be in the public interest. 54. The test for whether matter qualifies for exemption under section 44(1) of the FOI Act is in two parts, as follows: (i) (ii) would disclosure of the matter in issue disclose information that is properly characterised as information concerning the personal affairs of a person? if (i) is answered affirmatively, a public interest consideration favouring nondisclosure is established and the matter in issue will be prima facie exempt. However, if the public interest considerations favouring disclosure outweigh all identifiable public interest considerations favouring non-disclosure, a finding that disclosure of the matter in issue would, on balance, be in the public interest, is warranted. 55. In Stewart and Department of Transport 11 the Information Commissioner discussed the meaning of the phrase ‘personal affairs of a person’ as it appears in the FOI Act. 12 In particular, the Information Commissioner said that: • information concerns a person’s personal affairs if it concerns the private aspects of a person's life • there is a substantial grey area within the ambit of the phrase ‘personal affairs’, but that phrase has a well-accepted core meaning which includes matter relating to: ○ family and marital relationships ○ health or ill health ○ relationships and emotional ties with other people ○ domestic responsibilities or financial obligations. 56. Whether or not information contained in a document comprises information concerning an individual's personal affairs is a question of fact, to be determined according to the proper characterisation of the information in question. Findings of fact 57. I have reviewed the relevant documents and make the following findings of fact. 58. In Stewart 13 and Pearce and Qld Rural Adjustment Authority; Various Landholders (Third Parties) 14 the Information Commissioner accepted that a person’s signature 11 (1993) 1 QAR 227 (Stewart). 12 See paragraphs 79-114 of Stewart. 13 At paragraph 80.
Office of the Information Commissioner (Qld) - 210906 - Page 15 of 22 comprises the personal affairs of a person for the purposes of section 44(1) of the FOI Act. Accordingly, the signature as it appears in the complaint letter can be properly characterised as personal affairs information and is prima facie exempt. 59. In relation to the making of a complaint, the Information Commissioner has previously determined 15 that the fact that a person makes a complaint about a matter of concern to them, was information concerning that person’s personal affairs. Although the Information Commissioner stated in that case that the fact of making a complaint may be distinguished from the substance of the complaint, in this case the nature of the complaint identifies the individual complainant and therefore to disclose any part would disclose that person’s personal affair and therefore is personal affairs information under section 44(1) of the FOI Act, which is prima facie exempt. 60. The parts of the Q-COMP letter claimed by QH to be exempt under this provision comprise information about the health and identity of a person other than the applicant. As indicated above, information of such a nature falls within the well-accepted core meaning of personal affairs for the purposes of section 44(1) of the FOI Act. 61. Accordingly, I am satisfied that the complaint letter and Q-COMP letter are prima facie partially exempt under section 44(1) of the FOI Act, subject to the public interest balancing test. Public interest balancing test 62. The ‘public interest’ refers to considerations affecting the good order and functioning of community and governmental affairs, for the well-being of citizens. In general, a public interest consideration is one which is common to all members of the community, or a substantial segment of them, and for their benefit. The public interest is usually treated as distinct from matters of purely private or personal interest. However, some recognised public interest considerations may apply for the benefit of individuals in a particular case. 63. In Fox and Department of Police, 16 the Information Commissioner indicated that: Because of the way that section 44(1) of the FOI Act is worded and structured, the mere finding that information concerns the personal affairs of a person other than the applicant for access must always tip the scales against disclosure of that information (to an extent that will vary from case to case according to the relative weight of the privacy interests attaching to the particular information in issue in the particular circumstances of any given case), and must decisively tip the scales if there are no public interest considerations which tell in favour of disclosure of the information in issue. It therefore becomes necessary to examine whether there are public interest considerations favouring disclosure, and if so, whether they outweigh all public interest considerations favouring non-disclosure. 64. Accordingly, it is necessary to examine whether there are public interest considerations favouring disclosure, and if there are, whether they outweigh all public interest considerations favouring non-disclosure. 65. After careful consideration of this issue, I have not identified any public interest considerations which would favour full disclosure of the complaint letter and Q-COMP letter in this case. 14 (1999) 5 QAR 242. 15 In Byrne and Gold Coast City Council (1994) 1 QAR 477. 16 (2001) 6 QAR 1 at paragraph 19.
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