3.4 Confidential information

Openness and transparency are the foundations of the local government. All information held by the council is public by default [1].  

Council has the legal right to keep the confidential information private and not release to the public even when requested. This information may cause harm to the council or other parties if made public.  

Elected members have the right to access to all necessary information they need to carry out their role and duties. This can include confidential information [2]. This is known as the ‘need to know’ principle. This information is provided through: 

Elected members must keep confidential information private, as required by the Code of Conduct. If they do not follow this rule, the council could face legal action. It may also limit the flow of information and reduce public trust in the council. For example, releasing information about an individual could result in a Privacy Act breach. Sharing sensitive information around commercial negotiations could put the council at a disadvantage.  

The attachment to the Code on access to confidential information sets out a process to challenge a decision. The attachment to the Code on access to confidential information sets out a process for a member to challenge a decision that they do not have a ‘need to know’ the confidential information they have requested. 

Footnotes

[1] Local Government Official Information and Meetings Act 1987 

[2] Elected Members Code of Conduct Section 7.6 Confidential Information