What’s the difference between the Official Information Act and Privacy Act?

The Privacy Act gives individuals the right to ask any organisation, whether in the public or private sectors, for access to their personal information.

The Official Information Act (OIA) allows individuals or organisations to ask a public sector organisation for any information that it holds.     

The Privacy Act gives individuals the right to ask any agency (with a few exceptions) for access to the personal information that an agency holds about them. So, if the request is for personal information about the requester, regardless of whether that information is held by a public sector or private sector agency, the Privacy Act will apply. Information held by a public sector agency can be both personal and official information.

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.

Read How should I respond to a request for information about someone else?(external link)

The presumption under the Privacy Act is that individuals will be entitled to their information, unless one of the limited withholding grounds set out in the Privacy Act applies.

If you have requested your personal information and are not happy with the response, you can make a complaint to us.

Under the OIA (or Local Government Official Information and Meetings Act), any person or agency may ask a public sector body (or local government body) for any information that agency holds. For example, 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). 

These acts are generally in place to facilitate the release of information (in the interests of open government). However, there are withholding grounds listed in the OIA, which allow public sector agencies to not provide official information. 

Once you've made a request under either Act, the agency has up to 20 working days to respond (although this doesn’t include public holidays and the period between 25 December and 15 January).

If you have made a request for official information, and are not happy with the response, you will need to make a complaint to the Office of the Ombudsman(external link).

Updated October 2025