Plain language law

New Zealand law explained for everyone

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:

“Reasons for refusing access to personal information to protect individuals”

You have the right to ask for your personal information, but sometimes an agency might say no. They can refuse if sharing the information could:

Put someone’s life, health, or safety at serious risk, or threaten public health or safety.

Make it very likely that someone will be seriously harassed.

Share information about another person who was a victim of a crime, and it would upset them a lot.

After checking with your doctor, the agency thinks sharing information about your health might harm you.

If you’re under 16, and sharing the information wouldn’t be good for you.

If you’ve been convicted of a crime or held in custody, and sharing the information might make it harder to keep you safe or help you get better.

In this law, a health practitioner means a medical doctor or someone registered to work in healthcare who can check if a person understands things. A medical practitioner is a doctor registered with the Medical Council of New Zealand who can work as a doctor. A victim is someone who has been hurt by a crime, as explained in section 8 of the Prisoners’ and Victims’ Claims Act 2005.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23392.

Topics:
Rights and equality > Privacy
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48: Extension of time limits, or

“Agencies can ask for more time to respond to your information request”

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50: Evaluative material as reason for refusing access to personal information, or

“Access to personal assessments can be denied if promised confidential”

Part 4 Access 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 individual concerned is under the age of 16 and the disclosure of the information would be contrary to the interests of the individual concerned; or
                1. the disclosure of the information (being information in respect of the individual concerned who has been convicted of an offence or is or has been detained in custody) would be likely to prejudice the safe custody or the rehabilitation of the individual concerned.

                  1. 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.

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