On Feb 15, 2007, at 8:54 AM, joseph kihanya wrote:
Even if it can be shown that disclosure of the information would cause substantial harm to a legitimate aim, the information should still be disclosed if the benefits of disclosure outweigh the harm. For example, certain information may be private in nature but at the same time expose high-level corruption within government. The harm to the legitimate aim must be weighed against the public interest in having the information made public. Where the latter is greater, the law should provide for disclosure of the information.
Who is responsible for determining the "weight" of a disclosure, and whether the legitimate aim is heavier than the public interest? Have we made provision for an ombudsman to make such rulings fron an entirely neutral standpoint?
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