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Privacy Act 2020

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

49: Protection, etc, of individual as reason for refusing access to personal information

You could also call this:

"Agencies can refuse to share your personal info if it would harm someone's health, safety, or wellbeing."

Illustration for Privacy Act 2020

An agency can refuse to give you your personal information if sharing it would put someone's life or health in danger. This can happen if the information would cause serious harassment to someone or include details about another person who would be very upset by the information being shared. The agency might also refuse if the information is about your health and a health practitioner thinks sharing it would harm you.

If you are under 16, the agency can refuse to share the information if it's not in your best interests. The agency can also refuse if sharing the information would make it harder for someone to stay safe in custody or to rehabilitate. A health practitioner is someone like a doctor or a nurse who is registered to practise in New Zealand, as defined under the Health Practitioners Competence Assurance Act 2003.

The agency will consider refusing to share the information if it would harm someone who has been a victim of a crime, where "victim" is defined in section 8 of the Prisoners’ and Victims’ Claims Act 2005. You should know that a medical practitioner is a doctor who is registered with the Medical Council of New Zealand and has a current practising certificate. The agency has to follow these rules to protect people's personal information.

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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=LMS23392.

Topics:
Health and wellbeing > Public healthHealth and wellbeing > Healthcare servicesRights and equality > PrivacyCrime and justice > Victim support
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50: Evaluative material as reason for refusing access to personal information, or

"When you can't see personal information because it's someone's opinion about you"

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

49Protection, etc, of individual as reason for refusing access to personal information

  1. An agency may refuse access to any personal information requested if—

  2. the disclosure of the information would—
    1. be likely to pose a serious threat to the life, health, or safety of any individual, or to public health or public safety; or
      1. create a significant likelihood of serious harassment of an individual; or
        1. include disclosure of information about another person who—
          1. is the victim of an offence or alleged offence; and
            1. would be caused significant distress, loss of dignity, or injury to feelings by the disclosure of the information; or
          2. after consultation is undertaken (where practicable) by or on behalf of the agency with the health practitioner of the individual concerned, the agency is satisfied that—
            1. the information relates to the individual concerned; and
              1. the disclosure of the information (being information that relates to the physical or mental health of the requestor) would be likely to prejudice the health of the individual concerned; or
              2. the disclosure of the information would be contrary to the interests of—
                1. the individual concerned who is under the age of 16 years; or
                  1. another individual to whom the information relates who is under the age of 16 years; or
                  2. the disclosure of the information would be likely to prejudice the safe custody or the rehabilitation of—
                    1. the individual concerned who has been convicted of an offence or is or has been detained in custody; or
                      1. another individual to whom the information relates who has been convicted of an offence or is or has been detained in custody.

                      2. In this section,—

                        health practitioner means—

                        1. a medical practitioner; or
                          1. a person who is, or is deemed to be, registered with an authority appointed by or under the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession and whose scope of practice includes the assessment of a person’s mental capacity

                            medical practitioner means a person who—

                            1. is, or is deemed to be, registered with the Medical Council of New Zealand as a practitioner of the profession of medicine; and
                              1. holds a current practising certificate

                                victim has the meaning given to it in section 8 of the Prisoners’ and Victims’ Claims Act 2005.

                                Compare
                                Notes
                                • Section 49(1)(c): replaced, on , by section 15(1) of the Privacy Amendment Act 2025 (2025 No 53).
                                • Section 49(1)(d): replaced, on , by section 15(2) of the Privacy Amendment Act 2025 (2025 No 53).