A recent migrant was required to sit examinations to qualify to practise medicine here. The exams consisted of short answer and multi-choice questions. After failing, the doctor asked the Council to return his marked examination scripts. The Council refused his request on the basis that the questions came from a limited pool which were reused. If the questions were to be released, the integrity of future examinations could be prejudiced.

I drew a distinction between the examination questions and the answers. I formed the opinion that, in the absence of the answers, the questions themselves were not information about the candidate. This approach was consistent with the approach previously taken by the Ombudsmen under Part IV of the Official Information Act.

I accepted that the answers may not be readily understandable without the questions. However the definition of personal information did not necessarily include any other information which might assist with understanding the personal information. Consequently I had no jurisdiction to form an opinion on whether the questions should be released.

I noted that where the Official Information Act applies to the agency, the question of access to official information as distinct from personal information would be determined under that Act.

November 1996

Indexing terms: Access to personal information - Medical Council of New Zealand ('Council') - Whether examination questions 'personal information' - Privacy Act 1993, s 2 - Information privacy principle 6