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Transfer of requests
If an agency does not hold the information but believes that another agency either does or is more likely to have it, then it must transfer the request to the other agency.
- When should the agency transfer the request?
- Should the agency tell the requester about the transfer?
- What if the other agency does not hold the information?
- What if an agency does not believe that the information is likely to be held anywhere?
When should the agency transfer the request?
The agency should transfer the request as soon as possible and no later than 10 working days after the day the request was received. The transfer provision helps the agency (so that it is not dealing with things that it does not have to deal with) and it helps the requester to get their information as quickly as possible.
Should the agency tell the requester about the transfer?
Yes. The agency must let the requester know that it has transferred the request, and to whom. It's important that the requester knows what is happening with their request.
What if the other agency does not hold the information?
If it thinks that the information is held by another agency, then it too must then transfer the request to that other agency within 10 working days and also inform the requester that it is being transferred.
What if an agency does not believe that the information is likely to be held anywhere?
If the agency has no idea who might hold the information, it should have a conversation with the requester. If it doesn't hold the information, and it has no idea where it might be, it can decline the request under section 29(2).
References
Privacy Act 1993
Section 39
Transfer of requests
Where -
(a) An information privacy request is made to an agency or is transferred to an agency in accordance with this section; and
(b) The information to which the request relates -
(i) Is not held by the agency but is believed by the person dealing with the request to be held by another agency; or
(ii) Is believed by the person dealing with the request to be more closely connected with the functions or activities of another agency, -
the agency to which the request is made shall promptly, and in any case not later than 10 working days after the day on which the request is received, transfer the request to the other agency and inform the individual making the request accordingly.
Compare: 1982 No 156 s 14; 1987 No 174 ss 12, 57(1)