Reasons for withholding personal information
When considering whether personal information requested under the Privacy Act 2020 should be withheld, the following reasons for withholding personal information may apply.
The information is private to someone else
If information about another individual is in a requestor's file, such as the requestor's partner or friend, and disclosing the information would unreasonably breach that individual's privacy, you may withhold that information. See section 53(b)(i) or (ii) Privacy Act 2020.
Protecting someone from physical or emotional harm
If releasing information would be likely to put the requestor or someone else at risk of physical or emotional harm, the following withholding grounds may apply:
- serious threat to life, health or safety of an individual. See section 49(1)(a)(i) Privacy Act 2020.
- significant risk of serious harassment of an individual. See section 49(1)(a)(ii) Privacy Act 2020.
- disclosing information about a victim of an offence which would cause them distress. See section 49(1)(a)(iii) Privacy Act 2020.
- disclosing the information may negatively affect the requester's own physical or mental health. See section 49(1)(b) Privacy Act 2020.
- the requester is under 16 years old and disclosing the information may not be in their interests. See section 49(1)(c) Privacy Act 2020.
Disclosing the information would prejudice the maintenance of the law
If the person requesting the information is under investigation by the Ministry or the Police, and releasing information to the requestor would be likely to interfere with the investigation, then you may withhold that information. See section 53(c) Privacy Act 2020.
The information is subject to legal professional privilege
If the information requested includes advice from a legal representative of the Ministry (e.g. MSD Legal Services), it should be withheld as legally privileged information.
Advice from the legal team may have been included in a client's file for example because the client was under investigation for fraud and the Fraud unit needed legal advice to assess whether the Ministry may prosecute the client. See section 53(d) Privacy Act 2020.
Information is evaluative material and is subject to a promise of confidentiality
If a staff member requests their HR file, some information may have been provided in confidence (express or implied). A common example is reference checks. If releasing it would breach that confidentiality, the information may be able to be withheld. See section 50(1)(a) Privacy Act 2020.
Where to get advice
If you are unsure whether a withholding ground applies, contact the Privacy team at PrivacyOfficer@msd.govt.nz for advice.
