Section 72 IP Act – grounds for refusal of amendment – information not inaccurate
Section 74 IP Act – ways to amend personal information – deletion of information
The applicant applied to the Department of Health (Department) to amend his personal information in his son's medical records which he claimed to be inaccurate. The information in the medical records stated that the applicant's son was admitted to hospital after deliberately ingesting tablets following a fight with the applicant (Information in Issue).
The Department agreed to add a notation to the record detailing the applicant’s concerns. On internal review, the applicant requested that the Information in Issue be deleted. The Department decided that the Information Privacy Act 2009 (Qld) (IP Act) did not permit deletion of information. The applicant applied to the Information Commissioner for external review of the Department's decision.
On external review, the Information Commissioner found that:
· the amendment scheme set out in the IP Act allows deletion of information; and
· under the IP Act, information will be 'inaccurate' if it comprises erroneous statements of facts or opinions that are shown to be based on erroneous facts.
On the basis of the evidence provided by the Department, the Information Commissioner was satisfied that the Information in Issue:
· described the reasons for the applicant's son's admission to hospital and records the medical practitioner's understanding of these reasons; and
· was an accurate record of the opinion 'actually held and accurately entered in the official records' at the time.
The Information Commissioner found there was no basis to agree to deletion of the Information in Issue and affirmed the Department's decision.