Local Government Official Information and Meetings Act 1987

26 Reasons for refusal of requests for personal information

(1)

A local authority may refuse to disclose any personal information requested under section 23(1), if, and only if,—

(a)

the disclosure of the information would be likely to prejudice any of the interests protected by section 6 or section 7(2)(b) and (in the case of the interests protected by section 7(2)(b)) there is no countervailing public interest; or

(b)

the disclosure of the information would involve the unwarranted disclosure of the affairs of another person or of a deceased person; or

(c)

the disclosure of the information or of information identifying the person who supplied it, being evaluative material, would breach an express or implied promise—

(i)

which was made to the person who supplied the information; and

(ii)

which was to the effect that the information or the identity of the person who supplied it or both would be held in confidence; or

(d)
[Repealed]

(e)
[Repealed]

(f)
[Repealed]

(g)

the disclosure of the information would breach legal professional privilege; or

(h)

the request is frivolous or vexatious, or the information requested is trivial.

(2)

No reasons other than 1 or more of the reasons set out in subsection (1) justifies a refusal to disclose any personal information requested under section 23(1).

(3)

For the purposes of subsection (1)(c), the term evaluative material means evaluative or opinion material compiled solely—

(a)

for the purpose of determining the suitability, eligibility, or qualifications of the person to whom the material relates for the awarding of contracts, awards, or other benefits; or

(b)

for the purpose of determining whether any contract, award, or benefit should be continued, modified, or cancelled.

Compare: 1982 No 156 s 27; 1987 No 8 ss 4(2), 15

Section 26(1)(d): repealed, on 1 July 1993, by section 6(1) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).

Section 26(1)(e): repealed, on 1 July 1993, by section 6(1) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).

Section 26(1)(f): repealed, on 1 July 1993, by section 6(1) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).

Section 26(3): substituted, on 1 July 1993, by section 6(2) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).