91 Giving summary of personal information to applicant or intermediary

(1) This section applies if under this Act, other than under the Right to Information Act, section 47(3)(d), as applied under this Act, an agency or a Minister refuses an applicant under an access application access to a document.

(2) Despite the refusal mentioned in subsection (1), the agency or Minister must consider whether it is consistent with the primary object of this Act to give the applicant, or a person nominated by the applicant and approved by the agency or Minister (an intermediary), a summary of the applicant’s personal information on conditions of use or disclosure agreed between the agency or Minister and the intermediary, or between the agency or Minister, the intermediary and the applicant.

(3) However—

(a) if a summary of information under subsection (2) includes information given by a person (the information giver), other than the applicant, who gave the information on a confidential basis—the summary must not be given to the applicant or intermediary without consultation with, and the agreement of, the information giver; and

(b) if a summary of information under subsection (2) includes personal information of a person other than the applicant—the summary must not be given to the applicant or intermediary without consultation with, and the agreement of, the other person.

(4) Subsection (3) applies whether or not the summary is capable of revealing the identity of the information giver or other person.