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
- 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 September 2024