Privacy Act 2020

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

56: Ways personal information in document may be made available

You could also call this:

“How agencies can provide you with your personal information”

When you ask for your personal information that’s in a document, the agency can give it to you in different ways. They might let you look at the document, give you a paper or digital copy, or let you listen to or watch it if it’s a recording. If the document has special writing like shorthand, they can give you a typed version. They can also give you a summary or tell you about it.

The agency should try to give you the information in the way you prefer. But they don’t have to if it would make their job too hard, go against their legal duties, or cause problems that the law protects against in sections 49 to 53.

If they can’t give you the information the way you want, they need to tell you why. If you ask, they should also explain their reasons, unless doing so would cause problems protected by sections 49 to 53.

Remember, the agency must follow the rules in section 55 when deciding how to give you your information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23403.

Topics:
Rights and equality > Privacy

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55: Withholding personal information contained in document, or

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


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57: Responsibilities of agency before giving access to personal information, or

“Agencies must verify identity and consent before releasing personal information”

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

56Ways personal information in document may be made available

  1. If the personal information requested by an individual is in a document, that information may be made available in 1 or more of the following ways:

  2. by giving the requestor a reasonable opportunity to inspect the document; or
    1. by providing the requestor with a hard copy or an electronic copy of the document; or
      1. in the case of a document that is an article or a thing from which sounds or visual images are capable of being reproduced, by making arrangements for the requestor to hear or view the sounds or visual images; or
        1. in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, by providing the requestor with a written transcript of the words recorded or contained in the document; or
          1. by giving, in any manner, an excerpt or a summary of the document’s contents; or
            1. by giving oral information about the document’s contents.
              1. Subject to section 55, the agency must make the information available in the way preferred by the requestor unless to do so would—

              2. impair the efficient administration of the agency; or
                1. be contrary to any legal duty of the agency in respect of the document; or
                  1. prejudice an interest protected by any of sections 49 to 53.
                    1. If the information is not provided in the way preferred by the requestor, the agency must give to the requestor—

                    2. the reason for not providing the information in that way; and
                      1. if the requestor so requests, the grounds in support of that reason.
                        1. However, subsection (3)(b) does not apply if disclosing the grounds would prejudice an interest protected by any of sections 49 to 53.

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