Privacy Act 2020

Sometimes releasing information to a requester may pose a serious threat to someone's life, physical or mental health or safety: either the requester, an employee of the organisation releasing the information, another person, or the wider public.

If there is evidence of a serious threat to someone's life, health or safety, an organisation can withhold the information requested. There must be some evidence to indicate that a threat in fact exists [see Case Note 92314] but health and safety is more important than the right of access to information.

Privacy Act 2020 reference

49. Protection, etc, of individual as reason for refusing access to personal information

(1) An agency may refuse access to any personal information requested if—

(a) the disclosure of the information would—

(i) be likely to pose a serious threat to the life, health, or safety of any individual, or to public health or public safety

Case notes

Patient complains mental health unit questioned third parties
Information about student withheld because of fears of safety

Tribunal and court decisions

Te Koeti v Otago District Health Board HRRT 4 09 Decision 24 09 (opens to PDF, 154KB)
Cable v NZ Insolvency Trustee Service 1999 CRT 30 98 Decision 10 99 (opens to PDF, 356KB)
M v New Zealand Police 1997 CRT 17 96 Decision 13 97 (opens to PDF, 536KB)
O v N 1996 CRT 19 94 (opens to PDF, 1001KB)

Other information

Refusal ground - Prejudice physical or mental health
Can I withhold information to protect someone’s life, health or safety?