Can I withhold information to protect someone’s mental health?

If an individual has asked for their own information, the starting point is that the individual is entitled to that information.

However, there are a number of refusal grounds(external link) which permit an agency to withhold personal information in certain limited circumstances.

One of the grounds which allow you to withhold information which is where you believe the provision of the information to the individual might negatively affect the individual’s health or mental health.

However, you can only rely on this exception where the requested information relates to the individual’s physical and mental health. You also need to have consulted with the individual’s medical practitioner (for instance their family doctor, or some other medical provider who has a professional relationship with the individual), if at all practicable. This is so the judgment is made by someone who knows the individual and is qualified to make a decision.

Here's a case where our office found that Police were justified in disclosing mental health information about a person to an Emergency Mental Health Team.

Updated December 2020