The complainant asked me to investigate a decision of the Accident Rehabilitation and Compensation Insurance Corporation (the Corporation) to withhold information that it planned to put to the complainant at a forthcoming meeting that had been arranged to discuss the complainant's entitlement to certain benefits.

In refusing to give access to the information the Corporation relied on Section 27(1)(c) of the Privacy Act, which provides that a good reason to refuse access to information is if the disclosure of the information would be likely:

"to prejudice the maintenance of the law, including the prevention, investigation and detection of offences, and the right to a fair trial".

The complainant submitted that this section was limited to circumstances where the subject of the information was involved in criminal proceedings.

I formed the view that the Corporation's decision to withhold the information on the grounds that it was likely to prejudice the maintenance of the law was justified in the circumstances. I noted that in carrying out an investigation in respect of entitlement, it is often necessary to gather information about the individual concerned as part of the investigative process. The complainant's reaction to questions asked on the basis of the information at issue in this complaint would assist the Corporation in deciding how the investigation should proceed. I found that if the Corporation were to give the complainant access to the information the efficacy of the investigative process could be undermined thereby prejudicing the Corporation in its investigation of the complainant's entitlement to any benefits.

With respect to the complainant's submission that the application of Section 27(1)(c) is limited to criminal proceedings, I noted that the Corporation is a statutory body responsible for the administration of the Accident Rehabilitation and Compensation Insurance Act. In maintaining the law relating to that Act, I accept that it may on occasion be necessary for the Corporation to withhold information to protect investigative processes.

Having formed the opinion that the Corporation's withholding of the information was justified in these circumstances I emphasised that this rationale for withholding the information only applied while the investigation was incomplete. Once decisions had been made in respect of the matter the Corporation could no longer rely on Section 27(1)(c) to withhold the information.

In interpreting Section 27(1)(c) as having applicability beyond the sphere of criminal proceedings, I was supported by the jurisprudence of the Ombudsman in this area and by judicial comment in Commissioner of Police v Ombudsman (1988) 1NZLR 385.

Refusal of access to information - Information Privacy Principles 6 section 27(1)(c) of the Privacy Act 1993

Access to personal information - ACC - Refusal - Prejudice to ongoing investigation likely - "Maintenance of the law" not limited to criminal proceedings - Privacy Act 1993, s 27(1)(c) - Information privacy principle 6