Privacy Act 2020

This section allows an organisation to neither confirm nor deny the existence of information that has been requested.

It is usually only used by NZSIS and the Government Communications Security Bureau to protect national security (see section 51).

The agency must be satisfied it can rely on one of the relevant grounds (if the information existed), and that the interests protected by the refusal ground would likely be prejudiced if it confirmed or denied the existence of the information in question.

We can investigate a decision to neither confirm nor deny whether the agency holds personal information. This is to check that section 47 has been applied appropriately in the circumstances.

Privacy Act 2020 reference

47. Decision to neither confirm nor deny personal information is held
(1) An agency may neither confirm nor deny that it holds the personal information, or some of the personal information, requested if the agency—

(a) is able to rely on section 49(1)(a)(i) or (d), 51, 52, or 53(c) to refuse to disclose the information or refuse to disclose the information if it existed; and

(b) is satisfied that the interest protected by any of those provisions would be likely to be prejudiced by the agency confirming whether or not it holds information about the requestor.

(2) The notice given under section 44(2)(d) must inform the requestor of the requestor’s right to make a complaint to the Commissioner in respect of the agency’s response.

Case notes

Case note: Complainant alleged that SIS had disclosed inaccurate personal information about him
Case note: SIS and GCSB access requests: section 32 [Privacy Act 1993] responses

Privacy Act 2020

Privacy Act 2020 reference

Case notes

Further information

Privacy Act 2020