What is an access direction?

An access direction is a written notice from the Privacy Commissioner to an organisation that supports an individual’s right under Information Privacy Principle 6 to access their personal information.

An access direction could require an organisation to:

confirm whether it holds any specified personal information;
make a decision whether to disclose personal information;
review the Agency’s earlier response to an access request and issue a new decision about access to personal information;
provide an individual with access to information requested unless the Agency identifies a proper basis under the Privacy Act not to do so;
provide an individual access to specified personal information;
make specified information available to the individual in a particular way;
review a charge levied by the agency for providing access to personal information.

The Privacy Commissioner may issue an access direction after investigating and determining that a complaint about a principle 6 request has substance.

Before issuing an access direction the Commissioner will typically notify the organisation of the complaint about how it has responded to an access request under principle 6 of the Privacy Act, investigate that complaint, and use best endeavours to try to settle the complaint. The Commissioner may review any material at issue and may form a preliminary view on an access complaint made under principle 6.