A former Rangitoto College student has won the support of Privacy Commissioner Bruce Slane to be given his student record.
The North Shore school had withheld Jonathan Marshall's record for more than a year, arguing his claim for it under the Privacy Act was vexatious or frivolous, orthe information trivial.
But Mr Slane has said Rangitoto College's decision not to give Mr Marshall his record had interfered with his privacy.
He has written to the school recommending Mr Marshall be given his student record.
Principal Allan Peachey said Rangitoto was still considering whether to release the information.
The school and Mr Marshall have been in dispute since 2000, when Rangitoto suspended the teenager for a week for smoking a cigarette, banned at the college.
Mr Marshall told the Herald he was suspended during exams and he believes it affected his education.
He said he asked for his student record so he could seek a legal opinion about whether the suspension was lawful. He is considering seeking compensation from Rangitoto College.
Mr Marshall said he had had no other disciplinary problems.
He requested his student record in April and July last year, and complained to the Privacy Commissioner in January when he could not get it.
Mr Peachey declined to comment on the details of the case.
"The Privacy Commissioner has made a recommendation to me. I am considering that recommendation. I have three weeks in which to respond," he said.
Mr Slane said the Privacy Act made no distinction based on age.
Individuals generally had a right of access to personal information in either the public or private sector.
He said if a complaint was not settled after he issued an opinion, it could be referred to the director of Human Rights Proceedings.
The director may decide to take a civil case to a three-member tribunal for a ruling, which can include ordering that the information be released.
