Version as at
6 December 2023
Privacy Act 2020
Part 4 s 45
(3)
However, subsection (2) does not apply if the agency has good cause to believe
that the requestor does not want the request transferred to another agency.
(4)
If, in reliance on subsection (3), the agency does not transfer the request, the
agency must promptly, and in any case not later than 10 working days after the
day on which the IPP 6 request was received, inform the requestor that—
(a)
this section applies in respect of the request; and
(b)
in reliance on subsection (3), the request has not been transferred; and
(c)
the name of the agency to which the request could be transferred.
Compare: 1993 No 28 s 39
44
Responding to IPP 6 request
(1)
If an agency does not transfer an IPP 6 request under section 43, the agency
must, as soon as is reasonably practicable, and in any case not later than 20
working days after the day on which the request is received, respond to the
request.
(2)
A response must notify the requestor that—
(a)
the agency does not hold personal information in a way that enables the
information to be readily retrieved; or
(b)
the agency does not hold any personal information about the individual
to whom the request relates; or
(c)
the agency does hold personal information about the individual to whom
the request relates and, if access to the information has been requested,
that—
(d)
(i)
access to that information, or some of that information, is granted;
or
(ii)
access to that information, or some of that information, is refused;
or
the agency neither confirms nor denies that it holds any personal infor‐
mation about the individual to whom the request relates.
45
Decision to grant access to personal information
(1)
If an agency grants access to personal information, the notice under section
44(2)(c)(i) must state—
(a)
the way the information is to be made available; and
(b)
the charge (if any) payable under section 66 in respect of the request,
and whether all or part of that charge is required to be paid in advance;
and
(c)
the requestor’s right to make a complaint to the Commissioner about the
charge that is payable (if any).
41