Overview of Section 41 IP Act

Section summary

An individual has the right to amend their personal information contained in agency or Ministerial documents if the information is inaccurate, incomplete, out of date or misleading.

Background

Section 53 of the repealed FOI Act dealt with applications for amendment of information relating to the applicant's personal affairs.

Other relevant RTI/IP sections

Section 13 IP Act, section 12 RTI Act
Under section 13 of the IP Act, 'document of an agency' for the purposes of the IP Act means anything that is a 'document of an agency' under the RTI Act. Section 12 of the RTI Act defines 'document of an agency'.

Section 14 IP Act, section 13 RTI Act
Under section 14 of the IP Act, 'document of a Minister' for the purposes of the IP Act means anything that is a 'document of a Minister' under the RTI Act. Section 13 of the RTI Act defines 'document of a Minister'.

Section 42 IP Act
This section confirms that personal information may be accessed or amended other than under the IP Act.

Section 72 IP Act
An agency or Minister may refuse an amendment application on the grounds that the personal information is not inaccurate, incomplete, out of date or misleading.

Section 74 IP Act
In response to an amendment application, an agency or Minister may amend a document by altering the personal information or adding an appropriate notation to the personal information.

Section 75 IP Act
If an agency decides to add a notation to personal information under section 74 of the IP Act, the notation must state how the information is inaccurate, incomplete, out of date or misleading and if appropriate, set out information necessary to correct, complete or up date the information.

Section 76 IP Act
If an application for amendment is refused, the applicant may require the agency or Minister to add a notation to the personal information.

Last updated: March 9, 2012