When can I refuse a request for mixed personal information (information about more than one person)?

If an individual has asked for their own information, the starting point is that the individual is entitled to that information.

However, there are a number of withholding grounds which permit an agency to withhold personal information in certain limited circumstances.

If the requested information is information about more than one individual and, in the circumstances, you believe it would be unwarranted to release the information to one of the individuals, there is a withholding ground which you may want to rely on.

This exception basically requires that one individual’s right to have access to information about them is weighed against another individual’s right to have information about them kept confidential.

In deciding whether the release would be ‘unwarranted’, relevant factors include:

• What were the circumstances in which you obtained the information? For instance, did the person who provided it ask for you to keep the information confidential?

• Is the person willing to have the information disclosed to the requester now, or do they have concerns?

• What is the relationship between the individuals involved?

• Is it particularly important for the requester to get the information? For example, if information is being used as part of an investigation into someone or to make a decision about them, they may be disadvantaged if they aren’t provided with this information.

• If the information is released, what might be the consequences for both individuals? Is the other individual going to be disproportionately harmed?