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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:

"Refusing access to personal info to keep you or others safe"

Illustration for Privacy Act 2020

You can be refused access to your personal information if it would put you or someone else in danger. This can happen if sharing the information would seriously harm someone's life, health, or safety. You might also be refused access if sharing the information would harass someone or cause them significant distress. You can be refused access to your personal health information if a health practitioner thinks it would harm your health. A health practitioner is a doctor or someone registered to practise a particular health profession, as defined under the Health Practitioners Competence Assurance Act 2003. A doctor is someone registered with the Medical Council of New Zealand who has a current practising certificate. You can also be refused access to information if it would harm a child under 16 or someone who has been in custody. Information about a victim of a crime, as defined in section 8 of the Prisoners’ and Victims’ Claims Act 2005, can also be refused if it would cause them significant distress.

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

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Topics:
Health and wellbeing > Healthcare servicesCrime and justice > Victim supportRights and equality > Privacy
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48: Extension of time limits, or

"Agencies can take a bit more time to answer your request for personal information if it's complicated"

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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 individual concerned) 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)(b)(ii): amended, on , by section 120 of the Statutes Amendment Act 2025 (2025 No 74).
                                • 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).