Blocking of OIA requests ‘unconvincing’

Dr Bryce Edwards. PHOTO: ODT FILES
Dr Bryce Edwards. PHOTO: ODT FILES
A critic of the University of Otago’s proposed arrangement with tech giant Palo Alto has called the institution’s use of ‘‘commercial sensitivity’’ to block official information requests as ‘‘excessive and unconvincing’’.

It comes after various university groups have objected to the proposed arrangement for the upcoming master’s degree in digital technology at the Queenstown campus.

Some have argued that Palo Alto, through its appointments from Unit 8200 (cyber warfare), and through founder Nir Zuk’s previous employment in Unit 8200, compromised the university.

The university has publicly argued the Silicon Valley-based Palo Alto did not have direct ties to cyber warfare or the Israel Defence Forces’ military operations in Gaza.

Documents released under the Official Information Act about the university’s partnership with Palo Alto included a summary of the proposed curriculum, and vice-chancellor Grant Robertson’s open letter to staff about the recent concerns about the partnership.

However, the university declined the release of any correspondence between the university and stakeholders about the proposed partnership with Palo Alto on the grounds it would ‘‘unreasonably prejudice the commercial position of Palo Alto Networks (New Zealand) Unlimited, other parties and the university, and prejudice or disadvantage the university in carrying out its commercial activities’’.

Transparency academic Dr Bryce Edwards, of Victoria University of Wellington, said Otago University’s action ‘‘looks excessive and unconvincing’’.

‘‘In fact, it appears to be a misuse of the Official Information Act.

‘‘It has used broad commercial-sensitivity exemptions to withhold an entire category of records much of which clearly is not commercial in nature, such as staff petitions, internal academic concerns and so on.’’

Dr Edwards said the public-interest case for disclosure was ‘‘unusually strong’’, and yet the university ‘‘dismisses it in a single line’’.

Meanwhile, Mr Robertson’s letter to staff outlined the reasons behind teaming up with Palo Alto.

‘‘The university is developing academic programmes in rapidly evolving technology areas to meet labour market needs and provide further training and education for those who work in the sector.

‘‘Cybersecurity, data and artificial intelligence are areas where there is huge need for more expertise and knowledge, and where the team working on the Queenstown Lakes district programme has identified opportunities.

‘‘As part of that work the team has discussed possible partnerships with a number of technology companies, including Palo Alto Networks.’’

Mr Robertson said he understood the level of concern members of staff had about the situation in Gaza, and ‘‘at a personal level’’ he shared those concerns.

‘‘As an institution we need to continue to support our people to be able to express their views and play their part in our role as critic and conscience of society.

‘‘We also need to make sure that we are upholding our values, providing relevant course offerings and supporting the freedom and autonomy of our staff in academic matters.

‘‘This is a challenging balancing act, and one that I can assure you all we are constantly assessing.’’

But Dr Edwards said the approach and justification did the university a disservice.

‘‘This is part of a broader pattern in New Zealand's public sector — particularly universities — where commercial-in-confidence exemptions are used to wall off decision-making from the public, who fund the institution.

‘‘Universities are increasingly behaving as if they were private corporations with proprietary interests, when they remain public bodies with public-interest obligations.

‘‘It’s worrying that a public institution under scrutiny has decided to go with a press release-type response rather than offer real transparency.’’

The university has repeatedly said it is reviewing its ties with Palo Alto, and a report should become public later this year.

matthew.littlewood@odt.co.nz

 

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