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
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