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:

"When you ask to see a document with your personal info, some parts might be hidden for good reasons."

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If you ask to see a document with your personal information, the agency might not show you everything. They can delete or alter some parts if they have a good reason to do so, as stated in sections 49 to 53. They can give you a copy of the document with those parts removed, as allowed under section 44(2)(c)(i).

If the agency withholds some information, they must tell you why they made that decision. They must also inform you that you have the right to complain to the Commissioner about their decision. You might also be told the reasons behind the agency's decision to withhold the information, depending on the circumstances, such as those outlined in section 50(1).

However, there are some exceptions where the agency does not have to disclose the reasons for withholding the information. This can happen if disclosing the reasons would harm the interests that are being protected, as stated in section 50(1) or other relevant sections like sections 49, 51, 53, and 52.

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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.


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"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 you can get access to your personal information in a document"

Part 4Access 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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