Information Privacy Act 2014

Correction

13.1 If—

a public sector agency holds personal information about an individual; and

either—

the agency is satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out‑of‑date, incomplete, irrelevant or misleading; or

the individual requests the agency to correct the information;

the agency must take reasonable steps to correct the information to ensure that, having regard to the purpose for which it is held, the information is accurate, up‑to‑date, complete, relevant and not misleading.

Notification of correction to third parties

13.2 If—

the public sector agency corrects personal information about an individual that the agency previously disclosed to another public sector agency; and

the individual requests the agency to notify the other public sector agency of the correction;

the agency must take reasonable steps to give the notification unless it is impracticable or unlawful to do so.

Refusal to correct information

13.3 If the public sector agency refuses to correct the personal information as requested by the individual, the agency must give the individual a written notice that sets out—

the reasons for the refusal except to the extent that it would be unreasonable to do so; and

the mechanisms available to complain about the refusal; and

any other matter prescribed by regulation.

Request to associate a statement

13.4 If—

the public sector agency refuses to correct the personal information as requested by the individual; and

the individual requests the agency to associate with the information a statement that the information is inaccurate, out‑of‑date, incomplete, irrelevant or misleading;

the agency must take reasonable steps to associate the statement in a way that will make the statement apparent to users of the information.

Dealing with requests

13.5 If a request is made under TPP 13.1 or TPP 13.4, the public sector agency—

must respond to the request within 30 days after the day the request is made; and

must not charge the individual for the making of the request, for correcting the personal information or for associating the statement with the personal information.

Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 13, s 13.5 (a) (ii)).

Dictionary

(see s 3)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

 ACT

 administrative unit

 Coroner’s Court

 corporation

 Corporations Act

 document

 DPP

 exercise (a function)

 external territory

 function

 human rights commission

 individual

 integrity commission

 judge

 magistrate

 Magistrates Court

 Minister (see s 162)

 Office of the Legislative Assembly

 officer of the Assembly

 State

 statutory office-holder

 Supreme Court

 territory authority

 territory instrumentality

 tribunal

 working day.

act—see section 10.

ACT court—

means the Supreme Court, Magistrates Court, Coroner’s Court or a tribunal; and

includes a judge, magistrate, tribunal member and any other person exercising a function of the court or tribunal in relation to the hearing or determination of a matter before it.

Australian law, for schedule 1 (Territory privacy principles)—see section 14.

breach, a TPP—see section 12.

collects, personal information, for schedule 1 (Territory privacy principles)—see section 15.

Commonwealth Act means the Privacy Act 1988 (Cwlth).

Commonwealth APPs means the Australian privacy principles set out in the Commonwealth Act, schedule 1.

complainant, in relation to a privacy complaint—see section 33.

conciliation, of a privacy complaint, for division 6.3A (Conciliation of privacy complaints)—see section 44A.

conciliation agreement, for division 6.3A (Conciliation of privacy complaints)—see section 44F (1).

consent means express or implied consent.

contracted service provider—

means a person engaged under a government contract to provide services to the Territory or a public sector agency; and

includes a subcontractor in relation to the contract.

court or tribunal order, for schedule 1 (Territory privacy principles)—see section 14.

de-identified, personal information, for schedule 1 (Territory privacy principles)—see section 18.

doing, an act—see section 10 (2).

enforcement body, for schedule 1 (Territory privacy principles)—see section 14.

enforcement-related activity, for schedule 1 (Territory privacy principles)—see section 14.

generally available publication means a magazine, book, article, newspaper or other publication that is, or will be, generally available to members of the public—

whether or not it is published in print, electronically or in any other form; and

whether or not it is available on the payment of a fee.

government contract means a contract, to which the Territory or a public sector agency is a party, under which services are to be provided to—

the Territory or agency; or

another entity in relation to the exercise of the agency’s functions.

holds, personal information, for schedule 1 (Territory privacy principles)—see section 16.

information privacy commissioner means—

the Information Privacy Commissioner appointed under section 26; or

if an appointment is not made under section 26, the person exercising 1 or more functions under an arrangement mentioned in section 28.

interference, with an individual’s privacy—see section 11.

misconduct, of a person includes fraud, negligence, default, breach of trust, breach of duty, breach of discipline by or any other misconduct of the person in the exercise of the person’s functions as a public official.

overseas recipient, in relation to personal information—see TPP 8.1.

parties, to the conciliation of a privacy complaint, for division 6.3A (Conciliation of privacy complaints)—see section 44A.

permitted general situation, in relation to the collection, use or disclosure of personal information, for schedule 1 (Territory privacy principles)—see section 19.

personal information—see section 8.

practice—see section 10.

privacy complaint—see section 33.

public sector agency—see section 9.

record—

includes—

a document; or

an electronic or other device; and

does not include—

a generally available publication; or

anything kept in a library, art gallery or museum for the purposes of reference, study or exhibition; or

a record open to public access under the Territory Records Act 2002, part 3; or

a letter or other item in the course of being sent by post.

Note Document—see the Legislation Act, dictionary, pt 1.

related body corporate, for schedule 1 (Territory privacy principles)—see the Corporations Act, section 9.

respondent, in relation to a privacy complaint—see section 33.

sensitive information, for schedule 1 (Territory privacy principles)—see section 14.

solicits, personal information, for schedule 1 (Territory privacy principles)—see section 17.

subcontractor, in relation to a government contract—see section 21 (4) (Privacy protection requirements for government contracts).

territory record, for schedule 1 (Territory privacy principles)—see the Territory Records Act 2002, section 9 (3).

TPP code—see section 49.

TPP privacy policy, for schedule 1 (Territory privacy principles)—see TPP 1.3.

TPPs—see section 13 (Territory privacy principles).