Can I withhold information provided in confidence?

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 withholding grounds which permit an agency to withhold personal information in certain limited circumstances.

One of the withholding grounds allows you to withhold evaluative or opinion material if:

1. The evaluative or opinion material was compiled solely for one of the purposes listed in section 50(2) of the Privacy Act(external link) (these purposes include, for example, determining someone’s suitability for employment or promotion, determining whether to award or alter any contract or scholarship, and for deciding whether to insure, continue, or renew the insurance of any individual or property); and                                                                          
2. The disclosure of the material would breach an express or implied promise that either the information or the identity of the person who provided the information would be kept confidential.

If you are relying on an implied promise of confidentiality, it’s useful to consider factors like what the usual expectations of confidentiality in these circumstances are, and whether releasing the information would make others refuse to give you information in the future.

Updated December 2020