Section 46 — Privacy Act 2020: Decision to refuse access to personal information

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— (a) the reason for the refusal; and (b) the requestor’s right to make a complaint to the Commissioner in respect of the refusal. (3) 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 requested disclosure of the grounds. (4) However,— (a) subsection (3)(a) does not apply if disclosing the grounds would prejudice the interests protected by section 50 : (b) subsection (3)(b) does not apply if disclosing the grounds would prejudice the interests protected by any of sections 49 , 51 , and 53 : (c) subsection (3)(b) does not apply if disclosing the grounds would prejudice the interests protected by section 52 and the reason for not disclosing 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