Office of the Privacy Commissioner | Case Note 0635 [1994] - Complainant alleged NZSIS disclosed personal information about him which he believed was both inaccurate and misleading
The complainant alleged that the New Zealand Security Intelligence Service had disclosed personal information about him some time ago which he believed was both inaccurate and misleading. In September 1993 the complainant requested a copy of any file concerning himself held by the Service for possible correction pursuant to information privacy principles 7 of the Act. In response the Service issued a notice pursuant to section 32 neither confirming nor denying the existence or non-existence of any information held about the complainant. However copies of correspondence between the complainant and the Prime Minister were made available.
The complainant asked me to investigate the Service's decision to issue the notice.
Following discussions with the New Zealand Security Intelligence Service I formed the opinion that the issuing of the notice under section 32 was necessary in the circumstances of this particular case.
I advised the complainant that he could not draw the conclusion from the negative result of his complaint that the Service did hold information about him and that there was a good reason to withhold such information, nor could he conclude that the Service did not hold such information.
Refusal of Access to Information - Information Privacy Principles 6 - section 32 Privacy Act 1993.
Access to personal information - New Zealand Security Intelligence Service - Neither confirm nor deny existence of personal information - Privacy Act 1993, s 32 - Information privacy principle 6