Can I withhold information provided in confidence when responding to an access request?

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 that allow an agency to withhold personal information in certain limited circumstances.

One of the withholding grounds allows you to withhold evaluative or opinion material if there was an implied or express promise that the information would be held in confidence (not shared with anyone else).

Evaluative or opinion material is information that was collected 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 (such as a reference from a current or former employer), deciding whether to award a contract or scholarship (like examination answers), or for deciding whether to insure an individual or property.

To work out whether you can rely on this withholding ground, think about whether the disclosure of the evaluative or opinion 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 stop others giving you information in the future.

Updated October 2025