35 Charges

(1)

Subject to section 36, a public sector agency shall not require the payment, by or on behalf of any individual who wishes to make an information privacy request, of any charge in respect of—

(a)

the provision of assistance in accordance with section 38; or

(b)

the making of the request to that agency; or

(c)

the transfer of the request to any other agency; or

(d)

the processing of the request, including deciding whether or not the request is to be granted and, if so, in what manner; or

(e)

the making available of information in compliance, in whole or in part, with the request; or

(f)

in the case of a request made pursuant to subclause (1) of principle 7,—

(i)

the correction of any information in compliance, in whole or in part, with the request; or

(ii)

the attaching, to any information, of a statement of any correction sought but not made.

(2)

Subject to subsection (4), an agency that is not a public sector agency shall not require the payment, by or on behalf of any individual who wishes to make an information privacy request, of any charge in respect of—

(a)

the provision of assistance in accordance with section 38; or

(b)

the making of the request to that agency; or

(c)

the transfer of the request to any other agency; or

(d)

the processing of the request, including deciding whether or not the request is to be granted and, if so, in what manner.

(3)

An agency that is not a public sector agency may require the payment, by or on behalf of any individual who wishes to make a request pursuant to subclause (1)(a) or subclause (1)(b) of principle 6 or pursuant to principle 7, of a charge in respect of—

(a)

the making available of information in compliance, in whole or in part, with the request; or

(b)

in the case of a request made pursuant to subclause (1) of principle 7,—

(i)

the correction of any information in compliance, in whole or in part, with the request; or

(ii)

the attaching, to any information, of a statement of any correction sought but not made.

(4)

Where an agency that is not a public sector agency makes information available in compliance, in whole or in part, with an information privacy request, the agency may require the payment of a charge in respect of the provision of assistance, by that agency, in accordance with section 38, in respect of that request.

(5)

Any charge fixed by an agency pursuant to subsection (3) or subsection (4) or pursuant to an authority granted pursuant to section 36 in respect of an information privacy request shall be reasonable, and (in the case of a charge fixed in respect of the making available of information) regard may be had to the cost of the labour and materials involved in making information available in accordance with the request and to any costs incurred pursuant to a request of the applicant for the request to be treated as urgent.

(6)

The provisions of subsections (3) to (5), in so far as they relate to the fixing, by any agency that is not a public sector agency, of any charge in respect of any information privacy request, shall apply subject to any provisions to the contrary in any code of practice issued under section 46 and for the time being in force.

Compare: 1982 No 156 ss 15(1A), (2), 24(1); 1989 No 122 s 2