Section 55 — Privacy Act 2020: Withholding personal information contained in document
Text of the provision Official document
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 information, 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— (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. (3) 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 (b) the reason is not that set out in section 50(1) , 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(1) : (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 withholding of those grounds is not outweighed by other considerations that make it desirable, in the public interest, to disclose them. Compare: 1993 No 28 s 43
Official source: legislation.govt.nz
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