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Case Note 83694 [2006] NZ PrivCmr 3 - Industry association refuses to provide letter of complaint

A man requested access to a letter of complaint that 'B' had written to an industry association about him. I investigated whether the Association had a proper basis to withhold the contents of the letter from the man. I concluded that he was entitled to see some of the information.

Section 29(1)(a)


The Association sought to withhold the entire letter of complaint under section 29(1)(a) of the Privacy Act.

In order for me to find that an agency has a proper basis to withhold personal information under section 29(1)(a), I must be satisfied that the release of that information would disclose the affairs of another individual, and that such a disclosure would be unwarranted.

In this case, it was my view that the Association did not have a proper basis to withhold the information under section 29(1)(a) and that it had therefore interfered with the man's privacy. This was because I was not satisfied that releasing B's letter of complaint to the man would be an unwarranted disclosure of B's affairs. In forming this view I was mindful of the following points:

  • The man was already aware of B's identity;
  • The man was already aware of the general content of B's letter;
  • The letter contained reasonably serious allegations about the man;
  • B ought reasonably to have expected that the allegations would have been put to the man for him to answer; and
  • The letter did not contain a request for confidentiality. In fact, it stated that the man's employer was a member of the Association and suggested that if the Association believed the allegations were accurate it should contact the man's employer.


The Association agreed to release the parts of the letter containing personal information about the man. As a result, although there was an interference with privacy, there was nothing further to be resolved. I therefore decided not to refer the matter to the Director of Human Rights Proceedings.

March 2006

Indexing terms: Access to personal information – Industry Association – Whether releasing details of allegations would involve the “unwarranted disclosure of the affairs of another individual” – Not referred to Director of Human Rights Proceedings - Privacy Act 1993, s 29(1)(a) – Information privacy principle 6

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