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ARTICLE · 08 AUGUST 2023

Freedom of information has its risks

Recent case highlights the balancing act that must be undertaken in weighing up the public interest in the disclosure of information.

AustraliaPrivacy

AA applied to Transport for NSW for information under the Government Information (Public Access) Act 2009. Transport for NSW identified 57 pages of information that fell within the application but initially refused access to the information relying on a public interest provision which allowed a refusal where disclosure would expose a person to a risk of harm or of serious harassment or serious intimidation. AA applied to the Information Commissioner for an external review which concluded that Transport for NSW's original decision was not justified and recommended that it make a new decision. Transport for NSW then decided to grant AA access to the requested information subject only to very limited redactions.

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