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Official Information Act 1982

Right of access to personal information

24: Right of access to personal information

You could also call this:

"You can ask to see your own personal information"

You have the right to see personal information about yourself. This information must be about you and easy to find. You can ask to see this information.

You can only ask to see this information if you are a company based in New Zealand or a company based outside New Zealand with a business in New Zealand. When you ask to see your personal information, the rules in sections 12(3), 13 to 17, and 19 will apply. If you get to see your personal information, you will be told that you can ask for it to be corrected under section 26.

No one has to collect and store personal information just to give it to you. You do not have the right to see personal information about yourself that is held by Public Trust or the Maori Trustee in their role as a trustee under the Trusts Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM65637.

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Part 4Right of access to personal information

24Right of access to personal information

  1. Subject to this Part, to sections 10 and 52, and to subsections (2) and (5), every person has a right to and shall, on request, be given access to any personal information which—

  2. is about that person; and
    1. is held in such a way that it can readily be retrieved.

      1. The right conferred by subsection (1) may be exercised only by a person who is—

      2. a body corporate which is incorporated in New Zealand; or
        1. a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand.

          1. Sections 12(3), 13 to 17, and 19 shall apply, with all necessary modifications, to a request made under subsection (1).

          2. Where any person is given access to personal information under this section, that person shall be advised of that person's right, under section 26, to request the correction of that information.

          3. Nothing in this section requires, or imposes any responsibility on, any public service agency or Minister of the Crown or organisation to compile files or data banks of personal information.

          4. Nothing in this section gives any person the right to be given access to any personal information about the person that is held by Public Trust or the Maori Trustee—

          5. in their capacity as trustee within the meaning of the Trusts Act 2019; or
            1. in any other fiduciary capacity.

              Notes
              • Section 24(1): amended, on , by section 5(1) of the Official Information Amendment Act 1993 (1993 No 36).
              • Section 24(2): replaced, on , by section 5(2) of the Official Information Amendment Act 1993 (1993 No 36).
              • Section 24(3A): inserted, on , by section 13 of the Official Information Amendment Act 1987 (1987 No 8).
              • Section 24(4): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
              • Section 24(5): replaced, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
              • Section 24(5)(a): amended, on , by section 161 of the Trusts Act 2019 (2019 No 38).