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Correction of personal information

Once you have requested copies of your personal information from an agency, there may be some information that you think is wrong.  You can ask the agency to correct it.

"Correction" can mean:

  1. changing the information to say something else;
  2. removing it altogether;
  3. adding in information so the record is right.

Can I get information removed or deleted?
If you can show that the agency has wrong information, the agency may well be prepared to correct it.  For instance, your birth date is wrong, your gender, the number of children that you have, your salary level or your address, then the agency will almost certainly update its records.  It's easy to show what the right information is in these types of cases.  However, sometimes an individual and the agency will have different views about what the correct position is (eg, a medical diagnosis, the existence of a debt, or whether a person deserved to be suspected of a crime). 

In these types of situations, the agency is allowed to keep its own view on record.  However, the individual can ask the agency to attach a statement of his or her views to the record, so that anyone reading the record subsequently will be able to see both points of view, and take them into account in making decisions.

Do I have to write a statement of correction or will the agency write it?
It is best if you write the statement.  It's your view that needs to be on the record. Try to keep the statement brief and be concise about exactly what information is incorrect and why you consider it is incorrect.

The agency can help by writing the statement if you ask it to, but you should check the statement and agree with what it says.

On some computer systems, there may be very little space to put your point of view.  Do your best to work with the agency to get your statement of correction on their system.

How do I know if the statement has been attached?
Under principle 7(5) an agency must inform you of any action taken as a result of your request. It is best practice for an agency to inform you in writing that it has attached your statement.  If it doesn't, ask it to provide written confirmation. This may also be useful if you find out at a later date that the information is being used without the statement attached.

What if I want my request for correction to be dealt with urgently?
If you want your request to be treated as urgent, you need to give the agency reasons why your request should be treated as urgent (see section 37).

Does an agency have to let other people know about my statement of correction?
Yes.  If the agency passed the original information on to anyone, it must let those other people or organisations know about the correction too.

How long does the agency have to make the correction I ask for?
The agency must decide whether to make the correction as soon as it can and must let you know.  The maximum time is usually 20 working days.

Once the agency has agreed to correct the information, or to attach a statement of correction, it must do so as promptly as it can.

Can the agency charge me for making a correction?
If it's a public sector agency, then no.

Private sector agencies can make a reasonable charge.  However, it would be very rare for an agency to be able to charge for correcting its records, or attaching a statement of correction.  It's only if the correction were complicated that the agency might be able to charge.


References

Privacy Act 1993
Section 33
Application
This Part of this Act applies to the following requests (in this Act referred to as information privacy requests):

...(c) A request made pursuant to subclause (1) of principle 7 for correction of personal information.

 

 

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