Section 49 — Privacy Act 2020: Protection, etc, of individual as reason for refusing access to personal information

49 Protection, etc, of individual as reason for refusing access to personal information (1) An agency may refuse access to any personal information requested if— (a) the disclosure of the information would— (i) be likely to pose a serious threat to the life, health, or safety of any individual, or to public health or public safety; or (ii) create a significant likelihood of serious harassment of an individual; or (iii) include disclosure of information about another person who— (A) is the victim of an offence or alleged offence; and (B) would be caused significant distress, loss of dignity, or injury to feelings by the disclosure of the information; or (b) after consultation is undertaken (where practicable) by or on behalf of the agency with the health practitioner of the individual concerned, the agency is satisfied that— (i) the information relates to the individual concerned; and (ii) the disclosure of the information (being information that relates to the physical or mental health of the requestor) would be likely to prejudice the health of the individual concerned; or (c) the individual concerned is under the age of 16 and the disclosure of the information would be contrary to the interests of the individual concerned; or (d) the disclosure of the information (being information in respect of the individual concerned who has been convicted of an offence or is or has been detained in custody) would be likely to prejudice the safe custody or the rehabilitation of the individual concerned. (2) In this section,— health practitioner means— (a) a medical practitioner; or (b) a person who is, or is deemed to be, registered with an authority appointed by or under the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession and whose scope of practice includes the assessment of a person’s mental capacity medical practitioner means a person who— (a) is, or is deemed to be, registered with the Medical Council of New Zealand as a practitioner of the profession of medicine; and (b) holds a current practising certificate victim has the meaning given to it in section 8 of the Prisoners’ and Victims’ Claims Act 2005. Compare: 1993 No 28 ss 27(1)(d) , 29(1)(c), (d), (e), (4)