Application of Section 74 IP Act

Relevant considerations

1. What constitutes amendment by alteration?

Section 74(1)(a) states that an amendment may be made by 'altering the personal information'.

'Altering' involves changing the information so that it becomes different in some respect.1 'Altering' may include deletion of the information that is inaccurate, incomplete, out of date or misleading but it does not encompass the destruction or disposal of the entire document.2

1AD6L9H and Department of Health (Unreported, Queensland Information Commissioner, 31 August 2010) at paragraph 11 applying the approach in Doelle and Legal Aid Office (Qld) (1993) 1 QAR 207.
2AD6L9H and Department of Health (Unreported, Queensland Information Commissioner, 31 August 2010) at paragraph 11.

Last updated: March 9, 2012