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RIGHT TO INFORMATION ACT 2009 - SECT 36 Personal information of person

RIGHT TO INFORMATION ACT 2009 - SECT 36

Personal information of person

(1)  Information is exempt information if its disclosure under this Act would involve the disclosure of the personal information of a person other than the person making an application under section 13 .
(2)  If –
(a) an application is made for information under this Act; and
(b) the information was provided to a public authority or Minister by a third party; and
(c) the principal officer or Minister decides that disclosure of the information concerned may be reasonably expected to be of concern to the third party –
the principal officer or Minister is to, if practicable and before deciding whether the disclosure of the information under this Act should occur, by notice in writing to the third party –
(d) notify that person that the public authority or Minister has received an application for the information; and
(e) state the nature of the information that has been applied for; and
(f) request that, within 15 working days from the date of the notice, the person provide his or her view as to whether the information should be provided.
(3)  If a public authority or Minister, after receipt of a person's view referred to in subsection (2)(f) , decides to provide the information, the public authority or Minister must, by notice in writing given to that person, notify that person of the decision.
(4)  A notice under subsection (3) is to –
(a) state the nature of the information to be provided; and
(b) if the decision was made on behalf of a public authority or Minister, state the name and designation of the person who made the decision; and
(c) inform the person to whom the notice is addressed of –
(i) that person's right to apply for a review of the decision; and
(ii) the authority to which the application for review can be made; and
(iii) the time within which the application must be made.
(5)  A public authority or Minister must not provide the information referred to in a notice given to a person under subsection (3)  –
(a) until 10 working days have elapsed after the date of notification of that person; or
(b) if during those 10 working days the person applies under section 43 for a review of the decision, until that review determines that the information should be provided; or
(c) until 20 working days after notification of an adverse decision under section 43 ; or
(d) if during those 20 workings days the person applies for a review of the decision under section 44 , until that review determines that the information should be provided; or
(e) if the information is information to which a decision referred to in section 45(1A) relates –
(i) during 20 working days after the notification of the decision; or
(ii) where the person applies for a review of the decision under section 45(1A) – until that review determines the information should be provided.