Requests for personal information

An individual has the right under the Privacy Act 2020 to ask for information the Ministry holds about them.

They can ask for it either in writing or verbally. If someone makes a verbal request, make a clear note of that request and when they made it.

They can ask for information to be provided in a particular form (such as a copy). Some people ask for specific things; some want to see everything we hold about them. They do not have to say why they want it.

They can authorise their lawyer, an advocate or someone else (such as a family member or friend) to request and receive their information on their behalf.

When dealing with a request for personal information you must act quickly to ensure it is responded to appropriately and as soon as possible - certainly no later than 20 working days, unless the Act allows us to extend the response time.

There are some exceptions to an individual's right to access their information, such as whether releasing the information may breach someone else's privacy or whether it will cause physical or emotional harm to themselves or someone else. But, generally, we must give them what they ask for.

If someone requests their information, record their request (including their name, contact details and the date requested) and inform your manager client service delivery as soon as possible. You must do this regardless of whether the information is held by your business unit or not, and regardless of whether it is held by the Ministry or not.

You and your manager client service delivery are responsible for making sure it is responded to appropriately.

Note a request must not be returned to the person requesting the information on the basis that the information is not held in the office that received the request.

Example if a person requesting the information makes a request to the Nelson office for their file, but their file is held by the debt unit or StudyLink, or any other part of the Ministry, the Nelson office would be responsible for collecting the information from the other parts of the Ministry and responding to the request.