Official Information Act 1982

Right of access to personal information

25: Precautions

You could also call this:

"Keeping your personal information safe when you ask to see it"

When you ask to see your personal information under section 24(1), the department or Minister must check your identity before giving you the information. They need to be sure they are giving the information to the right person. They must also make sure the information is received by you or your agent.

The department or Minister must have rules in place to ensure your information is safe. This means only you or your agent should get the information. If someone is asking for your information on your behalf, they need to have your written permission or be properly authorised by you.

The department or Minister must check that the agent has the right to get your information. This is to protect your personal information and make sure it does not go to the wrong person.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM65644.


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Part 4Right of access to personal information

25Precautions

  1. Where a request is made under section 24(1), the department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture or Minister of the Crown or organisation—

  2. shall not give access to that information unless it or he is satisfied concerning the identity of the person making the request; and
    1. shall ensure, by the adoption of appropriate procedures, that any information intended for a person is received—
      1. only by that person; or
        1. where the request is made by an agent of the person, only by that person or his agent; and
        2. shall ensure that, where the request is made by an agent of the person, the agent has the written authority of that person to obtain the information or is otherwise properly authorised by that person to obtain the information.
          Notes
          • Section 25: amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).