Refusing to amend personal information under the IP Act

February 1, 2014 - 10:52am

Under the Information Privacy Act 2009 (Qld) (IP Act), an agency may decide to refuse to amend personal information in response to an amendment application if it is not satisfied that the personal information is inaccurate, incomplete, out-of-date or misleading.

If an agency refuses to amend the document, it should inform the applicant that they can request a written notation to be added instead. The notation must specify what personal information the applicant considers to be inaccurate, incomplete, out-of-date or misleading and set out the amendments the applicant claims are necessary to correct it1. The notation will be drafted by the agency, however it should take into account any alternative wording suggested by the applicant.2

The applicant should also be informed that any personal information the agency discloses to another agency will be accompanied by a statement setting out the individual’s claims that the information is inaccurate, incomplete, out-of-date or misleading, and setting out the particulars of the notation.

The agency may also choose to include a statement giving the reason for their decision to refuse to amend the personal information. Informing the applicant of this requirement may help to manage their expectations and alleviate concerns about the personal information the agency holds about them.

For more information, please refer to OIC guideline: Basic guide to IPPs 5-7 – Access and amendment or OIC guideline: Basic guide to NPPs 5-8 – Access and amendment.

[1] Section 76(2) of the IP Act. [2] Section 76(4) of the IP Act.