ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT (SHOWING AMENDMENTS MADE BY ACT 5/2003) (g) the personal information is likely to be inaccurate or unreliable; (h) the disclosure may unfairly damage the reputation of any person referred to in the record requested by the applicant. (3) A disclosure of personal information shall be presumed to be an unreasonable invasion of a third party’s personal privacy if the personal information— (a) relates to a medical, psychiatric or psychological history, diagnosis, condition, treatment or evaluation; or (b) was compiled and is identifiable as part of an investigation into a possible violation of law, unless disclosure is necessary to prosecute such violation or to continue the investigation; or (c) relates to eligibility for income assistance or social welfare benefits or to the determination of benefit levels; or (d) relates to employment, occupational or educational history; or (e) is contained in a tax return or gathered for the purpose of collecting a tax; or (f) describes the third party’s finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness; or (g) consists of personal recommendations or evaluations, character references or personnel evaluations concerning the third party; or (h) could reasonably be expected to reveal that the third party supplied, in confidence, a personal recommendation or evaluation, character reference or personnel evaluation; or (i) indicates the third party’s religious or political beliefs or associations 17; or (j) consists of the third party’s name, address, or telephone number and is to be used for mailing lists or solicitations by telephone or other means; or (k) constitutes intrusion into personal or family grief. (4) A disclosure of personal information shall not be considered an unreasonable invasion of a third party’s personal privacy if— (a) the third party has, in writing, consented to or requested the disclosure; or (b) there are compelling circumstances affecting another person’s health or safety and notice of disclosure is mailed to the last known address of the third party; or (c) disclosure is authorised by any enactment other than this Act; or (d) the disclosure is for purposes of research or the compilation of statistics in a manner authorised by law; or (e) the information concerns the third party’s position, functions or remuneration as an officer, employee or member of a public body; or (f) the disclosure reveals financial and other details of a contract to supply goods or services to a public body; or 17 Paragraph amended by s. 4 of Act 5/2003. 17

Select target paragraph3

Add to table of contents