Summary: The complainant requested the full source codes for a number of different computer applications used by the public authority and additional information in relation to three separate programs. The public authority withheld information, citing the exemptions at sections 29(1)(b), 43(1), and 43(2) of the Act. However, during the course of the Commissioner-™s investigation, the public authority agreed to disclose the information held in relation to the three programs. The Commissioner finds that the public authority correctly withheld the relevant source codes on the basis of the section 29(1)(b) exemption, and in all the circumstances of the case, the public interest in disclosure did not outweigh the public interest in maintaining the exemption. In light of this finding, the Commissioner did not consider the applicability or otherwise of the other exemptions cited. He however finds the public authority in breach of sections 10(1) (Time for compliance with request), 17(1)(b), and 17(3)(b) (Refusal of request).
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 29 - Complaint Not upheld