28 January 2016
Lee M
[FYI request #3498 email]
Dear Lee M
Official Information Act Requests
Thank you for your email of 26 January 2016. You were dissatisfied with ACC’s response to
your original request made on 19 December 2015 and re-requested under the Official
Information Act 1982 (the Act):
‘…a copy of the ACC's Privacy Policy that is located on the ACC's intranet including
all linked privacy related documents, and which contain all process and policy
documents relating to claims management including various privacy related
processes such as "completing information requests", "when to release private
information" and "gaining client consent.”’
ACC’s Privacy Policy on its intranet replicates the policy on its internet page. The Act has a
clear provision enabling agencies to refuse to provide information that is or will soon be
publicly available. For this reason, we reiterate our refusal for ACC’s Privacy Policy under
section 18(d) of Act because it is publicly available on ACC’s website at this address:
http://www.acc.co.nz/privacy/privacy-notice/WPC120319. The linked documents for the internet Privacy Policy can be found as links to this page
http://www.acc.co.nz/privacy/privacy-notice/WPC120319, but for completeness, they are
provided again below:
Collection of personal and health information:
http://www.acc.co.nz/privacy/privacy-
notice/WPC120330
Managing
requests
to
change
personal
information:
http://www.acc.co.nz/privacy/privacy-notice/WPC120353
Requests
to
access
your
personal
and
health
information:
http://www.acc.co.nz/privacy/privacy-notice/WPC120331
Uses and disclosure of your information:
http://www.acc.co.nz/privacy/privacy-
notice/WPC120329
There are more linked privacy-related documents to ACC’s intranet Privacy Policy than there
are to ACC’s internet Privacy Policy. This is because the internal privacy-related documents
relate to the operational requirements for ACC staff who process information requests. ACC
again notes that these were made available to you in a separate information request you
lodged via the FYI website to the Minister for ACC on 27 November 2015. The address
provided to you in ACC’s letter of 26 January 2016 relates to the address that you sent that
request from. The webpage where you can locate ACC’s response is:
https://www.fyi.org.nz/request/3423-acc-files#incoming-11032. Processes and policies relating to “completing information requests”, “when to release
privacy information” and “gaining client consent” are contained in the appendix to ACC’s
response (located here
https://www.fyi.org.nz/request/3423-acc-files#incoming-11032). In
particular you should read:
Access policy
Requests for personal information
Requests for full client copy files
Requests for call recordings
Requests for client emails
When to withhold personal information
Examples of declining personal information requests
Responding to a request for official or personal information.
We also note that further information relating to client consent is contained in another
response to one of your information requests, which can be found on this page:
https://www.fyi.org.nz/request/3499-acc-principles-in-how-a-client-s-authority-is-
used#incoming-11116.
ACC therefore continues to refuse your request for the linked privacy-related documents
under section 18(d) of the Act because this information is publicly available in ACC’s
responses to two of your previous requests.
Final y, with regard to legibility of documents, ACC is happy to provide you with hardcopy
documents that may be easier for you to view. Please send your physical address to
[email address] to facilitate this.
Complaints
If you consider that ACC has not responded to your request, you have the right to complain
to the Office of the Ombudsman about our decision to withhold some of the information. You
can call them on 0800 802 602 between 9am and 5pm on weekdays, or write to The Office of
the Ombudsman, PO Box 10152, Wel ington 6143.
Yours sincerely
Government Services
Government Services