Privacy Act 1993

42 Documents

  • (1) Where the information in respect of which an information privacy request is made by any individual is comprised in a document, that information may be made available in 1 or more of the following ways:

    • (a) by giving the individual a reasonable opportunity to inspect the document; or

    • (b) by providing the individual with a copy of the document; or

    • (c) in the case of a document that is an article or thing from which sounds or visual images are capable of being reproduced, by making arrangements for the individual to hear or view those sounds or visual images; or

    • (d) in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, by providing the individual with a written transcript of the words recorded or contained in the document; or

    • (e) by giving an excerpt or summary of the contents; or

    • (f) by furnishing oral information about its contents.

    (2) Subject to section 43, the agency shall make the information available in the way preferred by the individual requesting it unless to do so would—

    • (a) impair efficient administration; or

    • (b) be contrary to any legal duty of the agency in respect of the document; or

    • (c) prejudice the interests protected by section 27 or section 28 or section 29 and (in the case of the interests protected by section 28) there is no countervailing public interest.

    (3) Where the information is not provided in the way preferred by the individual requesting it, the agency shall, subject to section 32, give to that individual—

    • (a) the reason for not providing the information in that way; and

    • (b) if that individual so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 27 or section 28 or section 29 and (in the case of the interests protected by section 28) there is no countervailing public interest.

    Compare: 1982 No 156 s 16; 1987 No 8 s 4(2); 1987 No 174 s 15