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Section 65 - Right to ask for a review
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65(1) A person who makes a request to the head of a public body for access to a record or for correction of personal information may ask the Commissioner to review any decision, act or failure to act of the head that relates to the request.
(2) A third party notified under section 31 of a decision by the head of a public body to give access may ask the Commissioner to review that decision.
(3) A person who believes that the person's own personal information has been collected, used or disclosed in contravention of Part 2 may ask the Commissioner to review that matter.
(4) The surviving spouse or adult interdependent partner or a relative of a deceased individual may ask the Commissioner to review a decision of a head of a public body under section 40(1)(cc) not to disclose personal information.
(5) This section does not apply
(a) to a decision, act or failure to act of the Commissioner when acting as the head of the Office of the Information and Privacy Commissioner,
(b) to a decision by the Speaker of the Legislative Assembly that a record is subject to parliamentary privilege, or
(c) if the person who is appointed as the Commissioner is, at the same time, appointed as any other officer of the Legislature, to a decision, act or failure to act of that person when acting as the head of that office.
RSA 2000 cF-25 s65;2002 cA-4.5 s38
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