Case note 290543 [2021] NZPrivCmr 7: Offender requests psychological reports from Corrections

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Source: Privacy Commissioner

A man was imprisoned for indecent assault and child sexual exploitation relating to internet images and videos. Through his lawyer, he requested access to all records held by the Department of Corrections associated with psychological reports about him. Corrections withheld some information from a report filed under the Parole Act 2002. It advised that the release of the redacted correspondence from the report would compromise its ability to administer a test used to assess the mans risk to the public. The Privacy Act

We studied the mans complaint. It raised issues under section 27(1)(c) of the Privacy Act 1993 (section 53(c) of the Privacy Act 2021) which gives an agency the ability to refuse to disclose personal information if it would prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial.

MIL OSI

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