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New Zealand: OPCNZ releases case note on withholding information

The Office of the Privacy Commissioner of New Zealand ('OPCNZ') released, on 14 February 2020, a case note on a complaint filed by an individual concerning the right to request access to personal information held by a former employer, subject to the withholding grounds outlined in Part 4 of the Privacy Act 1993 ('the Act'). In particular, the OPCNZ highlighted that the employer had provided the individual with the draft report but had withheld information to protect the privacy of other individuals, including the manager.

The OPCNZ outlined that the information requested was contained in draft report which stated that both the individual and the manager would have an opportunity to comment on the draft before it was finalised. Furthermore, the OPCNZ concluded that because both parties would have been aware that this was the process the former employer intended to follow in its investigation, the employer should have released all of the personal information that concerned the individual.

As a result, the OPCNZ highlighted that the employer arranged for the individual to view the draft report at a time that was convenient provided she did not take any photos or notes of its content. 

You can read the case note here.