Part 4 s 46 (2) Privacy Act 2020 Version as at 6 December 2023 After giving notice under section 44(2)(c)(i) and receiving any charge required to be paid in advance, the agency must make the information available to the requestor. Compare: 1993 No 28 s 40(1), (2) 46 Decision to refuse access to personal information (1) An agency may refuse access to the personal information requested, or some of the personal information requested, only if the agency is able to rely on any of sections 49 to 53 (see also section 24). (2) The notice given under section 44(2)(c)(ii) must state— (3) (4) (a) the reason for the refusal; and (b) the requestor’s right to make a complaint to the Commissioner in respect of the refusal. The notice must also state the grounds in support of the reason for the refusal if— (a) the reason is that set out in section 50; or (b) the reason is not that set out in section 50, but the requestor has reques‐ ted disclosure of the grounds. However,— (a) subsection (3)(a) does not apply if disclosing the grounds would preju‐ dice the interests protected by section 50: (b) subsection (3)(b) does not apply if disclosing the grounds would preju‐ dice the interests protected by any of sections 49, 51, and 53: (c) subsection (3)(b) does not apply if disclosing the grounds would preju‐ dice the interests protected by section 52 and the reason for not disclos‐ ing those grounds is not outweighed by other considerations that make it desirable, in the public interest, to disclose them. Compare: 1993 No 28 ss 30, 44 47 Decision to neither confirm nor deny personal information is held (1) An agency may neither confirm nor deny that it holds the personal information, or some of the personal information, requested if the agency— 42 (a) is able to rely on section 49(1)(a)(i) or (d), 51, 52, or 53(c) to refuse to disclose the information or refuse to disclose the information if it exis‐ ted; and (b) is satisfied that the interest protected by any of those provisions would be likely to be prejudiced by the agency confirming whether or not it holds information about the requestor.