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What does "access" mean?

"Access" means being able to see or hear the information, so that a person knows what information the agency has about them. There are many ways in which a person can get access to information about them - for example by getting a copy, or by being shown what the information is.


How should information be made available?
Where a request is for information contained in a document, the information should be made available by:

  • letting the individual see the document - and giving them enough time to look at it thoroughly; or
  • giving the individual a copy of the document; or
  • giving the individual an excerpt of the document; or
  • giving the individual a summary of the document; or
  • talking the individual through the information (this is particularly useful if the information is technical or difficult to understand)

Audio or visual image components
If the document has audio tracks or visual images attached, the agency should make arrangements for the requester to hear the audio tracks and/or see the images. The agency doesn't have to provide a copy, though this might be convenient in some circumstances.

Transcripts
If the document includes details of a recording such as an interview or recorded phone call, then a written transcript should be provided. Similarly, if the document contains shorthand or words written in code, then the agency should provide a written transcript, which shows the information in full.

Does the agency have to provide the information in the way the individual prefers?
Often it does, but there are some exceptions. For instance, if the requester wants a copy of the information, but there is a large amount of information and it would take an excessive amount of staff time and resources to copy it all, the agency can refuse to make a copy, as long as it makes other arrangements for the individual to access the information.

Occasionally, making the information available in the way that the individual prefers might risk damaging other interests that the Privacy Act protects. For instance, if the individual wants to sit down and look at a file, but there may be material on the file that could breach someone else's privacy if it's disclosed, or prejudice a Police investigation, or endanger someone, the agency can instead choose to give copies of the information that it can release, or give the requester a summary.

What if the information isn't provided in the way the individual prefers?
The agency should let the individual know why.


References

Privacy Act 1993
Section 42
Documents

Case Notes:
Case Note 7602

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