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New Zealand law explained for everyone

Privacy Act 2020

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

53: Other reasons for refusing access to personal information

You could also call this:

“When your request for personal information can be denied”

You may be denied access to your personal information for several reasons. These include:

If the information doesn’t exist or can’t be found even after a thorough search.

If sharing the information would reveal private details about someone else or a deceased person without good reason.

If revealing the information might interfere with law enforcement, including preventing crimes or ensuring fair trials.

If the information is protected by legal professional privilege.

If the information is in a library, museum, or archive and sharing it would break the rules for how that information is supposed to be used.

If sharing the information would be considered contempt of court or of the House of Representatives.

If you’re asking for information as part of a criminal case that’s covered by the Criminal Disclosure Act 2008.

If your request isn’t serious or is just meant to cause trouble, or if the information you’re asking for isn’t important.

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 It might be out of date or be missing some parts.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=LMS23398.

Topics:
Rights and equality > Privacy
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52: Trade secret as reason for refusing access to personal information, or

“Organisations can refuse access to your personal information if it reveals trade secrets or harms business interests”

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54: Agency may impose conditions instead of refusing access to personal information, or

“Agencies can set rules for accessing your information instead of denying it completely”

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

53Other reasons for refusing access to personal information

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

  2. the information requested does not exist or, despite reasonable efforts to locate it, cannot be found; or
    1. the disclosure of the information would involve the unwarranted disclosure of the affairs of—
      1. another individual; or
        1. a deceased person; or
        2. the disclosure of the information would be likely to prejudice the maintenance of the law by any public sector agency, including—
          1. the prevention, investigation, and detection of offences; and
            1. the right to a fair trial; or
            2. the disclosure of the information would breach legal professional privilege; or
              1. the disclosure of the information, being information contained in material placed in any library or museum or archive, would breach a condition subject to which that material was placed; or
                1. the disclosure of the information would constitute contempt of court or of the House of Representatives; or
                  1. the request is made by a defendant or a defendant's agent and is—
                    1. for information that could be sought by the defendant under the Criminal Disclosure Act 2008; or
                      1. for information that could be sought by the defendant under that Act and that has been disclosed to, or withheld from, the defendant under that Act; or
                      2. the request is frivolous or vexatious, or the information requested is trivial.

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