Freedom of Information Act 1982

PART III - ACCESS TO DOCUMENTS

SECTION 27A Consultation - documents affecting personal privacy

Scope

27A(1)
This section applies if:

(a) a request is made to an agency or Minister for access to a document containing personal information about a person (including a person who has died); and

(b) it appears to the agency or Minister that the person or the person's legal personal representative (the person concerned ) might reasonably wish to make a contention (the exemption contention ) that:

(i) the document is conditionally exempt under section 47F ; and

(ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5) .

Note:

Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A ).

27A(2)
In determining, for the purposes of paragraph (1)(b), whether the person concerned might reasonably wish to make an exemption contention because of personal information in a document, the agency or Minister must have regard to the following matters:

(a) the extent to which the information is well known;

(b) whether the person to whom the information relates is known to be (or to have been) associated with the matters dealt with in the information;

(c) the availability of the information from publicly accessible sources;

(d) any other matters that the agency or Minister considers relevant.

Opportunity to make submissions

27A(3)
The agency or Minister must not decide to give the applicant access to the document unless:

(a) the person concerned is given a reasonable opportunity to make submissions in support of the exemption contention; and

(b) the agency or the Minister has regard to any submissions so made.

27A(4)
However, subsection (3) only applies if it is reasonably practicable for the agency or Minister to give the person concerned a reasonable opportunity to make submissions in support of the exemption contention, having regard to all the circumstances (including the application of subsections 15(5) and (6) (time limits for processing requests)).

Decision to give access

27A(5)
If the agency or Minister decides to give access to the document, the agency or Minister must give written notice of the decision to both of the following:

(a) the person concerned;

(b) the applicant.

Access not to be given until review or appeal opportunities have run out

27A(6)
However, the agency or Minister must not give the applicant access to the document unless, after all the opportunities of the person concerned for review or appeal in relation to the decision to give access to the document have run out, the decision to give access still stands, or is confirmed.

Note 1:

The decision to give access to the document is subject to internal review (see Part VI ), review by the Information Commissioner (see Part VII ) and review by the Tribunal (see Part VIIA ).

Note 2:

For when all opportunities for review or appeal in relation to the decision to give access to the document have run out , see subsection 4(1) .

Notice and stay of decision not to apply unless submission made in support of exemption contention

27A(7)
Subsections (5) and (6) do not apply unless the person concerned makes a submission in support of the exemption contention as allowed under paragraph (3)(a).

Edited copies and personal information

27A(8)
This section applies:

(a) in relation to an edited copy of a document - in the same way as it applies to the document; and

(b) in relation to a document containing personal information - to the extent to which the document contains such information.

View history note

History

S 27A substituted by No 51 of 2010, s 3 and Sch 3 item 21, applicable in relation to requests for access made under section 15 of the Freedom of Information Act 1982 that are received at or after 1 November 2010. S 27A formerly read:

SECTION 27A Procedure on request in respect of documents containing personal information
27A(1AA)
This section applies if:

(a) a request is received by an agency or Minister in respect of a document containing personal information about a person (including a person who has died); and

(b) it appears to:

(i) the officer or Minister dealing with the request; or

(ii) a person (the ``reviewer'') reviewing under section 54 a decision refusing the request; that the person referred to in paragraph (a) or, if that person has died, the legal personal representative of that person, might reasonably wish to contend that the document, so far as it contains that information, is an exempt document under section 41.

27A(1)
A decision to grant access under this Act to the document or an edited copy of the document, so far as it contains that information, must not be made unless, where it is reasonably practicable to do so having regard to all the circumstances (including the application of subsections 15 (5) and (6)):

(a) the agency or Minister has given to the person or the legal personal representative of the person, as the case may be, a reasonable opportunity of making submissions in support of a contention that the document or edited copy, so far as it contains that information, is an exempt document under section 41; and

(b) the person making the decision has had regard to any submissions so made.

27A(1A)
In determining, for the purposes of subsection (1AA), whether a person might reasonably wish to contend that a document, so far as it contains personal information, is an exempt document under section 41, the officer, Minister or reviewer, as the case requires, must have regard to the following matters:

(a) the extent to which the personal information is well known;

(b) whether the person to whom the personal information relates is known to be associated with the matters dealt with in the document;

(c) the availability of the personal information from publicly accessible sources;

(d) such other matters as the officer, Minister or reviewer, as the case requires, considers relevant.

27A(2)
Where, after any submissions have been made in accordance with subsection (1), a decision is made that the document or edited copy, so far as it contains the information referred to in paragraph (1) (a), is not an exempt document under section 41:

(a) the agency or Minister shall cause notice in writing of the decision to be given to the person who made the submissions, as well as to the person who made the request; and

(b) access shall not be given to the document or edited copy, so far as it contains the information referred to in paragraph (1) (a), unless:

(i) the time for an application to the Tribunal in accordance with section 59A by the person who made the submissions has expired and such an application (other than an application that has subsequently been withdrawn) has not been made; or

(ia) such an application has been made but the Tribunal has dismissed the application under section 42A of the Administrative Appeals Tribunal Act 1975 ; or

(ii) such an application has been made and the Tribunal has confirmed the decision.

27A(3)
Nothing in paragraph (2) (b) prevents access being given to a document of a kind referred to in that paragraph if a further request has been made for access to the document and there is no failure to comply with this section in dealing with the further request.

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