DH6QO5 and Department of Police
(310084, 29 June 2011)
Section 67(1) of the Information Privacy Act 2009 (Qld)
Sections 47(3)(b) and 49 Right to Information Act – Grounds on which access may be refused – Contrary to public interest – schedule 4, part 2, items 1, 7 – part 3, item 3 – part 4, item 6
Section 88 Information Privacy Act 2009 (Qld) – Deletion of irrelevant information
Sections 47(3)(e) and 52(1)(a) Right to Information Act – Document nonexistent or unlocatable
The applicant sought access to documents held by the Department of Police (QPS) about him.
QPS decided to:
· release 8 full documents
· partially release 2 documents subject to the deletion of information, the disclosure of which, QPS considered to be contrary to the public interest under section 67(1) of the Information Privacy Act 2009 (Qld) (IP Act) and sections 47(3)(b) and 49 of the Right to Information Act 2009 (Qld) (RTI Act)
· refuse to release a DVD, the release of which QPS considered to be contrary to the public interest under section 67(1) of the IP Act and under sections 47(3)(b) and 49 of the RTI Act; and
· refuse access to certain documents requested by the applicant on the basis that they were nonexistent or unlocatable under section 67(1) of the IP Act and sections 47(3)(e) and 52 of the RTI Act.
During the course of the external review, QPS agreed to provide the applicant with:
· a full copy of one of the partially released documents (following consultation with the Department of Health); and
· those segments of the DVD which contained images of the applicant, but not images of third parties.
After carefully considering all of the evidence and submissions, the Right to Information Commissioner was satisfied that:
· QPS was entitled to delete irrelevant information from the documents requested by the applicant under section 88 of the IP Act
· QPS was entitled to refuse access to the information in issue under section 67 of the IP Act and section 47(3)(b) of the RTI Act on the basis that its disclosure would, on balance, be contrary to the public interest under section 49 of the RTI Act; and
· QPS was entitled to refuse access to additional documents requested by the applicant under sections 47(3)(e) and 52 of the RTI Act on the basis that the documents were nonexistent or unlocatable.
