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PAIA / Sections / Section 66
Section 66

Mandatory protection of safety of individuals, and protection of property

Part 3 · Access to Records of Private Bodies · Chapter 4 — Grounds for Refusal of Access to Records

The head of a private body— (a) must refuse a request for access to a record of the body if its disclosure could reasonably be expected to endanger the life or physical safety of an individual; or (b) may refuse a request for access to a record of the body if its disclosure would be likely to prejudice or impair— (i) the security of— (aa) a building, structure or system, including, but not limited to, a computer or communication system; (bb) a means of transport; or (cc) any other property; or (ii) methods, systems, plans or procedures for the protection of— (aa) an individual in accordance with a witness protection scheme; (bb) the safety of the public, or any part of the public; or (cc) the security of property contemplated in subparagraph (i)(aa), (bb) or (cc).

safetypropertysecuritywitness protectionmandatory and discretionary
Beyond the text

What this means in practice

  • You must refuse where disclosure could reasonably endanger someone's life or physical safety.
  • You may refuse where disclosure would likely prejudice the security of a building, system, transport, or witness-protection and public-safety methods.
  • Note the split: life and safety is mandatory; property and security is discretionary.
Relevant tool

PopiGuard helps distinguish the mandatory life-safety refusal from the discretionary security one — and record the basis for each.

See PopiGuard →