Application of Section 41 IP Act

Under section 41 of the IP Act, an individual has the right to amend their personal information if:

• it is contained in a document of an agency or Minister
• they have had previous access to the information; and
• it is inaccurate,  incomplete, out of date or misleading.

The previous access does not need to have been by way of an access application; it can include viewing it on a computer screen, having been read it over the phone, or being shown it in a file.

It is up to the applicant to prove their personal information is inaccurate, incomplete, out of date or misleading. If the decision maker is not satisfied and refuses to amend, the applicant can require a notation to be added to the record.

Refer to Amendment applications and the section 12 annotation for guidance on applying this section.