Reasons for refusing a personal information request
The Community Probation Service may refuse access to personal information only on the grounds given in S.27 to 29, 31 and 32 of the Privacy Act.
These grounds include that the:
- disclosure would be likely to prejudice the maintenance of the law
- disclosure would be likely to endanger the safety of an individual
- information is not readily retrievable
- information does not exist or cannot be found
- information is not held by the Community Probation Service
- disclosure would also mean the disclosure of the affairs of another individual
- individual is under 16 and disclosure would be contrary to the individual's interests
- request is frivolous, vexatious or the information request is trivial.
Note: S.27 to 29 contain a full list of reasons for refusing a request.
Refusal to correct personal information
If a request for correcting personal information is refused (in whole or in part), the individual:
- must be informed of their right to seek a review of the decision by applying to the Privacy Commissioner, and
- may ask for a statement recording the correction sought (but not made) to be attached to all copies of the information in such a way that it will be read with all copies of the disputed information.
Whether a request for correcting personal information is granted or refused, Community Probation Service must:
- if reasonably practicable, inform everyone to whom the disputed personal information was disclosed that:
- it has been corrected, or
- a statement of correction sought, but not made, has been attached to the information, and
- inform the individual concerned of the action taken as a result of their request made under this principle.
Refusal of Information Privacy Request
If an Information Privacy Request is refused, the Community Probation Service is to:
- give the individual the reason(s) for the refusal, and
- inform the individual of their rights to seek a review under the Privacy Act. This includes giving information on how such an application can be made.
