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
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