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New Zealand law explained for everyone

Privacy Act 2020

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

46: Decision to refuse access to personal information

You could also call this:

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

You can be denied access to your personal information, or part of it, only if the agency can use one of the reasons in sections 49 to 53. If this happens, they must tell you why they refused and that you can complain to the Commissioner about it.

Sometimes, the agency needs to explain more about why they refused. They must do this if they refused because of section 50, or if you asked them to explain more (unless it’s because of section 50). But there are times when they don’t have to give you more details:

  1. If explaining more about a section 50 refusal would harm the interests that section 50 protects.
  2. If explaining more about refusals under sections 49, 51, or 53 would harm the interests those sections protect.
  3. If explaining more about a section 52 refusal would harm the interests it protects, and there’s no good reason in the public interest to share those details.

Remember, the agency can only refuse your request if they have a good reason from the law. They must always tell you why they refused and that you can complain if you’re not happy with their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS131558.

Topics:
Rights and equality > Privacy
Government and voting > Government departments
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45: Decision to grant access to personal information, or

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

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47: Decision to neither confirm nor deny personal information is held, or

“When an agency may choose not to say if they have your information”

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

46Decision to refuse access to personal information

  1. An agency may refuse access to the personal information requested, or some of the personal information requested, only if the agency is able to rely on any of sections 49 to 53 (see also section 24).

  2. The notice given under section 44(2)(c)(ii) must state—

  3. the reason for the refusal; and
    1. the requestor’s right to make a complaint to the Commissioner in respect of the refusal.

      1. The notice must also state the grounds in support of the reason for the refusal if—

      2. the reason is that set out in section 50; or
        1. the reason is not that set out in section 50, but the requestor has requested disclosure of the grounds.

          1. However,—

          2. subsection (3)(a) does not apply if disclosing the grounds would prejudice the interests protected by section 50:
            1. subsection (3)(b) does not apply if disclosing the grounds would prejudice the interests protected by any of sections 49, 51, and 53:
              1. subsection (3)(b) does not apply if disclosing the grounds would prejudice the interests protected by section 52 and the reason for not disclosing those grounds is not outweighed by other considerations that make it desirable, in the public interest, to disclose them.

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