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Principle 6 states that people have a right to ask for access to their own personal information.
Generally, an organisation must provide access to the personal information it holds about someone if the person in question asks to see it.
People can only ask for information about themselves. The Privacy Act does not allow you to request information about another person, unless you are acting on that person’s behalf and have written permission.
The rules for how an organisation must respond to a request for personal information are set out in Part 4, Subpart 1 of the Privacy Act 2020.
In most circumstances, agencies should not be charging people to access or correct their personal information. However, there are some circumstances where it may be appropriate for an agency to charge, and there are special rules that apply to health or credit agencies. Read more about charging for access to personal information here.
In some situations, an organisation may have good reasons to refuse a request for access to personal information. For example, the information may involve an unwarranted breach of someone else’s privacy, or releasing it may pose a serious threat to someone’s safety.
We have more information on the different withholding grounds below:
See also: When can I refuse access to personal information?
If an business or organisation fails to provide information to an individual, the Privacy Commissioner can issue an access direction requiring them to release the personal information. Read more about access directions here.
Further information
Case notes
Court decisions
| Information privacy principle 6 | |||
| Access to personal information | |||
| (1) | An individual is entitled to receive from an agency upon request— | ||
| (a) | confirmation of whether the agency holds any personal information about them; and | ||
| (b) | access to their personal information. | ||
| (2) |
If an individual concerned is given access to personal information, the individual must be advised that, under IPP 7, the individual may request the correction of that information. |
||
| (3) |
This IPP is subject to the provisions of Part 4. |
||
