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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 you can't get your personal information from an agency for special reasons"

Illustration for Privacy Act 2020

An agency can refuse to give you your personal information if it does not exist or they cannot find it. They can also refuse if giving you the information would affect someone else's privacy or a deceased person's privacy. They might refuse if giving you the information would make it hard for them to enforce the law or if it would stop someone from having a fair trial.

If the information is protected by a lawyer's privilege, they can refuse to give it to you. They can also refuse if the information is in a library, museum, or archive and giving it to you would break the rules for how that information was shared. Giving you the information might be against the rules of a court or the House of Representatives, so they can refuse in that case.

You might be asking for information that you could get through the Criminal Disclosure Act 2008, so the agency can refuse your request. They can also refuse if your request is not serious or if the information you are asking for is not important. The agency can refuse your request if they think it is frivolous or vexatious.

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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=LMS23398.

Topics:
Rights and equality > PrivacyCrime and justice > Courts and legal help
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52: Trade secret as reason for refusing access to personal information, or

"Agencies can refuse to share your personal info if it reveals a trade secret or hurts a business."

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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 4Access 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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