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New Zealand law explained for everyone

Privacy Act 2020

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

55: Withholding personal information contained in document

You could also call this:

“How agencies can withhold parts of documents containing your personal information”

When you ask for your personal information, sometimes it’s in a document that also has other information. If there’s a good reason to keep some of that information private, the agency can give you a copy of the document with some parts removed or changed.

If the agency removes or changes any information, they must tell you why they did it. They also need to let you know that you can complain to the Privacy Commissioner if you’re not happy with their decision.

In some cases, the agency has to explain more about why they kept information private. This happens if they’re protecting someone’s safety or if you ask for more details. But there are times when they don’t have to give you these extra details, like if it would put someone in danger or cause other problems.

The agency doesn’t have to explain their reasons if doing so would cause the very problems they’re trying to avoid by keeping the information private. This could be about safety, legal issues, or other important matters that need to be protected.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23402.

Topics:
Rights and equality > Privacy
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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”

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56: Ways personal information in document may be made available, or

“How agencies can provide you with your personal information”

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

55Withholding personal information contained in document

  1. If the personal information requested is contained in a document and there is good reason under any of sections 49 to 53 for withholding some of that information, the agency may decide to grant the requestor access to a copy of that document under section 44(2)(c)(i) with any deletions or alterations in respect of the information that could be withheld that it considers necessary.

  2. If information is withheld under subsection (1), the agency must inform the requestor of—

  3. the reason for the decision to withhold the information; and
    1. the requestor’s right to make a complaint to the Commissioner in respect of that decision.

      1. The agency must also disclose to the requestor the grounds in support of the reason for the decision to withhold the information if—

      2. the reason is that set out in section 50(1); or
        1. the reason is not that set out in section 50(1), but the requestor has requested disclosure of the grounds.

          1. However,—

          2. subsection (3)(a) does not apply if disclosing the grounds would prejudice the interests protected by section 50(1):
            1. subsection (3)(b) does not apply if disclosing the grounds would prejudice the interests protected by any of sections 49, 51, and 53:
              1. subsection (3)(b) does not apply if disclosing the grounds would prejudice the interests protected by section 52 and the withholding of those grounds is not outweighed by other considerations that make it desirable, in the public interest, to disclose them.

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