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Privacy Act 2020

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

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

You could also call this:

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

Illustration for Privacy Act 2020

If you ask an agency for your personal information, they may refuse to give it to you. This can happen if the information is evaluative material, which means it's someone's opinion about you. The agency may have promised the person who gave the opinion that it would be kept secret. If the agency shares this evaluative material with another agency, and that agency can also refuse to disclose it, then the first agency can refuse to give it to you too. Evaluative material is used to decide things like whether you're suitable for a job, or whether you should get a contract or a scholarship.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23394.

Topics:
Rights and equality > Privacy
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49: Protection, etc, of individual as reason for refusing access to personal information, or

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51: Security, defence, international relations as reason for refusing access to personal information, or

"When you ask for personal info, it might be kept secret to protect New Zealand's safety or friendships with other countries."

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

50Evaluative material as reason for refusing access to personal information

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

  2. the information is evaluative material and the disclosure of that information or of the information identifying the person who supplied it would breach an express or implied promise—
    1. that was made to the person who supplied the information; and
      1. that was to the effect that the information or the identity of the person who supplied it, or both, would be held in confidence; or
      2. the information is evaluative material that was made available by the agency to another agency, and that other agency may refuse to disclose the information under paragraph (a).

        1. In this section, evaluative material—

        2. means evaluative or opinion material compiled solely—
          1. for the purpose of determining the suitability, eligibility, or qualifications of the individual to whom the material relates—
            1. for employment or for appointment to office; or
              1. for promotion in employment or office or for continuance in employment or office; or
                1. for removal from employment or office; or
                  1. for the awarding of contracts, awards, scholarships, honours, or other benefits; or
                  2. for the purpose of determining whether any contract, award, scholarship, honour, or benefit should be continued, modified, or cancelled; or
                    1. for the purpose of deciding whether to insure any individual or property or to continue or renew the insurance of any individual or property; but
                    2. does not include any evaluative or opinion material described in paragraph (a) that is compiled by a person employed or engaged by an agency in the ordinary course of that person’s employment or duties.

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