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Sometimes releasing information to a requester may pose a serious threat to someone's life, physical or mental health or safety: either the requester, an employee of the organisation releasing the information, another person, or the wider public.
If there is evidence of a serious threat to someone's life, health or safety, an organisation can withhold the information requested. There must be some evidence to indicate that a threat in fact exists [see Case Note 92314] but health and safety is more important than the right of access to information.
Privacy Act 2020 reference:
| 49. Protection, etc, of individual as reason for refusing access to personal information (1) An agency may refuse access to any personal information requested if— |
| (a) the disclosure of the information would— |
| (i) be likely to pose a serious threat to the life, health, or safety of any individual, or to public health or public safety |
Tribunal and court decisions
Te Koeti v Otago District Health Board HRRT 4 09 Decision 24 09
Cable v NZ Insolvency Trustee Service 1999 CRT 30 98 Decision 10 99
M v New Zealand Police 1997 CRT 17 96 Decision 13 97
O v N 1996 CRT 19 94
Refusal ground - Prejudice physical or mental health
Can I withhold information to protect someone’s life, health or safety?
