Case Note 201228 [2009] NZPrivCmr 3 : Woman requests legally privileged information from Police

A woman had complained to Police about the actions of a number of people. After considering her complaints, Police had decided not to prosecute. The woman wanted to know the reasons for this decision, and made a request under principle 6 of the Privacy Act for copies of the information Police held about the complaints. Principle 6 provides individuals with the right to have access to personal information that an agency holds about them. The agency may refuse such a request by relying on one of the reasons for refusal set out in sections 27-29 of the Privacy Act.The Police provided some information to her, but withheld some other information under section 29(1)(f) on the basis that to release it would breach legal professional privilege. The withheld information was a report from the Police legal section about the Polices decision not to prosecute.

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