A complainant had twice written to ACC requesting access to information held about him. The second letter was sent by registered post. After several months without receiving the requested information he asked me to investigate a breach of rule 6 of the Health Information Privacy Code which gives the right of access to an individual's own health information. Decisions on access requests must be made as soon as reasonably practicable and not later than 20 working days after the request is received (s.40 Privacy Act).

Following a call from an investigating officer, the ACC Privacy Officer looked into the matter and spoke to the relevant district office. It appeared that the complainant's request for access had not been responded to because of an oversight by a new member of staff. There had been no intention to withhold material. Through the intervention of the privacy officer the material was promptly sent to the complainant.

The complainant received the small amount of information on file within 6 days of the complaint being received in my office. He was satisfied with this outcome and I decided to take no further action pursuant to s.71(1)(d) Privacy Act which allows me to discontinue an investigation if the aggrieved individual does not desire that action be continued.

March 1994

Access to personal information - ACC - Delay in responding to request - Reasons for discontinuing investigation - Privacy Act 1993, s 71(1)(d) - Health Information Privacy Code 1993 (Temporary), rule 6