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Confidentiality necessary to preserve Queensland's heritage

Is the name of the nominator of another person's property for inclusion on the state's cultural register analogous to the name of someone making a complaint to a government agency? Are they both exercising a right that deserves privacy protection in the interests of the community at large? Will fewer nominations be made if the nominator cannot be assured of confidentiality?

This decision by the Queensland Assistant Information Commissioner answers these questions in the affirmative in upholding a determination by the Environmental Protection Agency to refuse access under the Freedom of Information Act to the name,on the basis that the named person had made the nomination was information concerning personal affairs, and there was no basis to find disclosure was in the public interest.

The FOI applicant was the owner of the property and claimed to be concerned about the motivation of the nominator, in the light of what were said to be false claims made in putting the nomination forward. The nomination form had been released with identifying particulars of the nominator deleted. Subsequent to the agency determination, the regulations were changed to provide in future nominations that the name of a nominator would not be disclosed without consent.

The conclusions of the Assistant Information Commissioner on whether a name in these circumstances is personal affairs information[34] and the public interest considerations[40-97]
make interesting reading.

Weighing privacy and other considerations is complex. However another take on this is that the name of the nominator is similar to the name of someone seeking to influence a government decision, where the public interest in open and transparent government is better served when the community at large (absent special factors that justify confidentiality) or anyone interested, knows who is pushing what barrow, and perhaps why. Not to be, in Queensland at least.

Full post as published by Open and Shut on July 16, 2008 (boomark / email).