The complainant requested access to personal information held by a private sector company which had previously employed him. The company agreed to supply the information but requested a payment of $200 together with a photocopying charge of 30 cents per page ($336 in total).

I wrote to the company pointing out that s.35(2) of the Privacy Act prevents agencies from making a charge for processing an information privacy request including deciding whether or not the request was to be granted, and in what manner. Section 35(3) allows private sector agencies to require payment of a charge for making the information available. Section 35(5) requires that the charge be reasonable. In making a charge for making information available, private sector agencies may have regard to the cost of the labour and materials involved.

I considered that a photocopying charge of 5 cents per sheet was reasonable and a charge of $20 per hour was a reasonable cost for the labour involved in making the information available, including copying.

As a result of my letter the firm reduced the proposed charge to $122.65. The complainant agreed to pay the revised charge and received the information he had requested. I discontinued my investigation accordingly.

August 1997

Indexing terms: Access to personal information - Former employer - Reasonable charge for photocopying information for complainant - Proposed charge lowered - Privacy Act 1993, s 35