ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT (SHOWING AMENDMENTS MADE BY ACT 5/2003) (3) Subsections (1) and (2) shall not apply where— (a) the third party consents to the disclosure; or (b) the information is contained in a record that is in the custody or control of the National Archives; or (c) the information is contained in a record that is in the archives of a public body and has been in existence for thirty or more years. 25 Protection of information relating to personal privacy (1) The head of a public body shall not disclose personal information to an applicant if the disclosure will result in the unreasonable invasion of a third party’s personal privacy. (2) In determining whether or not a disclosure of personal information constitutes an unreasonable invasion of a third party’s personal privacy, the head of a public body shall consider all the relevant circumstances, including whether— (a) the disclosure is desirable or necessary for the purpose of subjecting the activities of the government or a public body to public scrutiny; (b) the disclosure is likely to promote public health and safety or the protection of the environment; (c) the personal information is relevant to a fair determination of the applicant’s rights; (d) the disclosure will assist in researching or validating the claims, disputes or grievances of indigenous people; (e) the third party will be exposed unfairly to financial or other harm; (f) subject to subsection (5), the personal information has been supplied in confidence by the third party about himself or herself, or by the third party about another person; 14 (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 14 Paragraph substituted by s. 4 of Act 5/2003. 16