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INFORMATION PRIVACY ACT 2009 - SECT 40
Right to be given access to particular documents
40 Right to be given access to particular documents
(1) Subject to this Act, an individual has a right to be given access under
this Act to— (a) documents of an agency to the extent they contain the
individual’s personal information; and
(b) documents of a Minister to the
extent they contain the individual’s personal information.
Notes— 1 See
part 2 for how to exercise this right to access.
2 Exclusions of the right
are provided for under the Right to Information Act, chapter 3 , part 4 (which
provides particular circumstances where an entity may refuse to deal with an
application) and section 67 (which applies the Right to Information Act,
section 47 which in turn provides grounds on which an entity may refuse
access).
3 A limitation on the right is provided for under section 88 (which
provides that, in particular circumstances, an entity may delete irrelevant
information from a document before giving access).
(2) Subsection (1)
applies to documents even if they came into existence before the commencement
of this Act. Note— Section 47 deems an access application to apply only to
documents that are, or may be, in existence on the day the application is
received.
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