Section 50 — Privacy Act 2020: Evaluative material as reason for refusing access to personal information

50 Evaluative material as reason for refusing access to personal information (1) An agency may refuse access to any personal information requested if— (a) the information is evaluative material and the disclosure of that information or of the information identifying the person who supplied it would breach an express or implied promise— (i) that was made to the person who supplied the information; and (ii) that was to the effect that the information or the identity of the person who supplied it, or both, would be held in confidence; or (b) the information is evaluative material that was made available by the agency to another agency, and that other agency may refuse to disclose the information under paragraph (a). (2) In this section, evaluative material — (a) means evaluative or opinion material compiled solely— (i) for the purpose of determining the suitability, eligibility, or qualifications of the individual to whom the material relates— (A) for employment or for appointment to office; or (B) for promotion in employment or office or for continuance in employment or office; or (C) for removal from employment or office; or (D) for the awarding of contracts, awards, scholarships, honours, or other benefits; or (ii) for the purpose of determining whether any contract, award, scholarship, honour, or benefit should be continued, modified, or cancelled; or (iii) for the purpose of deciding whether to insure any individual or property or to continue or renew the insurance of any individual or property; but (b) does not include any evaluative or opinion material described in paragraph (a) that is compiled by a person employed or engaged by an agency in the ordinary course of that person’s employment or duties. Compare: 1993 No 28 s 29(1)(b), (3)