76 Particular notations required to be added

(1) This section applies if—

(a) a person makes an amendment application to an agency or Minister; and

(b) under section 70, the agency or Minister refuses to amend the document.

(2) The applicant may, whether or not the applicant has applied under part 8 or 9 for review of the decision, by written notice, require the agency or Minister to add to the personal information included in the document a notation—

(a) stating the way the applicant claims the information to be inaccurate, incomplete, out of date or misleading; and

(b) if the applicant claims the information to be inaccurate or misleading—setting out the amendments the applicant claims are necessary for the information to be accurate or not misleading; and

(c) if the applicant claims the information to be incomplete or out of date—setting out the information the applicant claims is necessary to complete the information or to bring it up to date.

(3) The agency or Minister must—

(a) comply with the requirements of a notice under this section; and

(b) give the applicant written notice of the nature of the notation.

(4) Subsection (3)(a) does not require the agency or Minister to make a notation using the same words as the words provided by the applicant.

(5) If the agency or Minister decides the information to which the notice relates is not information in relation to which the applicant was entitled to apply to the agency or Minister for amendment of the document—

(a) subsection (3) does not apply; and

(b) the agency or Minister must give prescribed written notice to the applicant of the decision.

(6) If an agency or Minister (the document holder) discloses to a person (including an agency or Minister) any information contained in the part of the document the subject of the amendment application, the document holder—

(a) must ensure the person is given, when the information is disclosed, a statement—

(i) stating that the person, or eligible family member of the person, to whom the information relates claims that the information is inaccurate, incomplete, out of date or misleading; and

(ii) setting out particulars of the notation added under this section; and

(b) may include in the statement the reason for the document holder's refusal to amend the document.