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INFORMATION PRIVACY ACT 2009 - SECT 91
Giving summary of personal information to applicant or intermediary
(1) This section applies if under this Act, other than under the Right to
Information Act , section 47 (3) (d) , as applied under this Act, an agency or
a Minister refuses an applicant under an access application access to a
document.
(2) Despite the refusal mentioned in subsection (1) , the agency or
Minister must consider whether it is consistent with the primary object of
this Act to give the applicant, or a person nominated by the applicant and
approved by the agency or Minister (an
"intermediary" ), a summary of the applicant’s personal information on
conditions of use or disclosure agreed between the agency or Minister and the
intermediary, or between the agency or Minister, the intermediary and the
applicant.
(3) However— (a) if a summary of information under subsection
(2) includes information given by a person (the
"information giver" ), other than the applicant, who gave the information on a
confidential basis—the summary must not be given to the applicant or
intermediary without consultation with, and the agreement of, the
information giver; and
(b) if a summary of information under subsection (2)
includes personal information of a person other than the applicant—the
summary must not be given to the applicant or intermediary without
consultation with, and the agreement of, the other person.
(4) Subsection (3)
applies whether or not the summary is capable of revealing the identity of the
information giver or other person.
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