Do I respond under the Privacy Act or Official Information Act?

If an individual asks for their own information, the Privacy Act will apply, regardless of whether that information is held by a public sector or private sector agency. The Official Information Act (OIA) is not relevant.

If someone asks a private sector agency for information about another individual, the Privacy Act also applies. The agency will need to consider whether principle 11 allows it to disclose the information (see more here).

If someone asks a public sector agency for information about another individual, about a company, or other types of information − such as business information, or copies of policies − then the OIA will apply (or the Local Government Official Information and Meetings Act, for local government bodies).

Any privacy issues need to be considered under the provisions of those Acts that allow information to be withheld on privacy grounds. The Privacy Act itself does not apply.

Reviewed November 2020