Kang v University of Sydney [2022] NSWCATAD 135

Kang v University of Sydney [2022] NSWCATAD 135

Despite strong public interest in transparency regarding SARS-CoV-2 research, disclosure of the requested academic correspondence would prejudice the future supply of confidential information, the effective exercise of the University's functions, expose individuals to risks of harm and serious harassment, breach privacy principles, and could negatively affect academic research collaborations. These considerations outweigh the public interest in disclosure. The University's refusal to provide access was correct and is affirmed.

Jurisdiction
Australia
Judgment Date
28 April 2022
Procedural Posture
Administrative Review / Hearing and Final Decision
Outcome
The decision under review is affirmed.
Legal Topics
['government Information (public Access)' 'public Interest Test' 'confidentiality in Research' 'personal Information and Privacy' 'academic Freedom']
['administrative Law' 'information Law'] ['government Information (public Access)' 'public Interest Test' 'confidentiality in Research' 'personal Information and Privacy' 'academic Freedom']

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Procedural Posture

Administrative Review / Hearing and Final Decision

Legal Issues

  1. 1 ['Whether there is an overriding public interest against disclosure of emails between university academics and Chinese institutions regarding SARS-CoV-2 research under the Government Information (Public Access) Act 2009' 'Whether the information is confidential and its disclosure would prejudice university research functions or personal/professional interests of involved individuals' 'Whether disclosure would breach privacy principles or expose persons to harm or harassment']

Ratio Decidendi

Despite strong public interest in transparency regarding SARS-CoV-2 research, disclosure of the requested academic correspondence would prejudice the future supply of confidential information, the effective exercise of the University's functions, expose individuals to risks of harm and serious harassment, breach privacy principles, and could negatively affect academic research collaborations. These considerations outweigh the public interest in disclosure. The University's refusal to provide access was correct and is affirmed.

Court Disposition

The decision under review is affirmed.

Orders

  • ['The decision under review is affirmed.']