Version as at
6 December 2023
Privacy Act 2020
Part 4 s 55
(e)
the disclosure of the information, being information contained in mater‐
ial placed in any library or museum or archive, would breach a condition
subject to which that material was placed; or
(f)
the disclosure of the information would constitute contempt of court or
of the House of Representatives; or
(g)
the request is made by a defendant or a defendant’s agent and is—
(h)
(i)
for information that could be sought by the defendant under the
Criminal Disclosure Act 2008; or
(ii)
for information that could be sought by the defendant under that
Act and that has been disclosed to, or withheld from, the defend‐
ant under that Act; or
the request is frivolous or vexatious, or the information requested is triv‐
ial.
Compare: 1993 No 28 ss 27(1)(c), 29(1)(a), (f), (h)–(j), (2)
54
Agency may impose conditions instead of refusing access to personal
information
(1)
This section applies if an agency has good reason under any of sections 49 to
53 to refuse access to any personal information requested.
(2)
Instead of refusing access to the personal information requested, the agency
may grant access to the information, but may impose conditions relating to
either or both of the following:
(a)
the requestor’s use of the information:
(b)
the requestor’s disclosure of the information to any other person.
55
Withholding 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 infor‐
mation, 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)
(a)
the reason for the decision to withhold the information; and
(b)
the requestor’s right to make a complaint to the Commissioner in respect
of that decision.
The agency must also disclose to the requestor the grounds in support of the
reason for the decision to withhold the information if—
(a)
the reason is that set out in section 50(1); or
47