When can I refuse access to personal information?

If someone asks for access to the personal information your agency holds about them, you must give it to them unless there’s a reason to withhold it under the Privacy Act.

You may be able to withhold information if:

• it isn't readily retrievable
• releasing it could negatively affect the requestor’s mental health
• releasing it could put somebody else in danger
• releasing it would breach somebody else's privacy
• it was provided in confidence
• you don't have it
• the request is trivial
• the request is vexatious

Sections 49 - 53 of the Privacy Act 2020 list the permitted reasons for refusing access to personal information:

Sections 49 - 53 of the Privacy Act(external link)

Updated December 2020