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Privacy Act 2020

Access to and correction of personal information - Access to personal information

45: Decision to grant access to personal information

You could also call this:

“Agency's decision to give you access to your information”

If an agency decides to give you access to your personal information, they must tell you how you can get it. They will let you know if there’s a fee to pay and if you need to pay some of it before you get the information. They also have to tell you that you can complain to the Privacy Commissioner if you’re not happy with the fee.

After the agency tells you they will give you the information, and you’ve paid any fee that needs to be paid first, they must then make the information available to you.

You can find more details about how the agency should tell you about their decision in section 44(2)(c)(i). If you want to know more about the fees, you can check section 66.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS131557.

Topics:
Rights and equality > Privacy
Money and consumer rights > Consumer protection
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44: Responding to IPP 6 request, or

“How an agency must respond when you ask for your personal information”

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46: Decision to refuse access to personal information, or

“When an agency can refuse to give you your personal information”

Part 4 Access to and correction of personal information
Access to personal information

45Decision to grant access to personal information

  1. If an agency grants access to personal information, the notice under section 44(2)(c)(i) must state—

  2. the way the information is to be made available; and
    1. the charge (if any) payable under section 66 in respect of the request, and whether all or part of that charge is required to be paid in advance; and
      1. the requestor’s right to make a complaint to the Commissioner about the charge that is payable (if any).

        1. After giving notice under section 44(2)(c)(i) and receiving any charge required to be paid in advance, the agency must make the information available to the requestor.

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