Respond to a request to correct personal information
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the request, list the information said to be wrong, what the person says is correct, and the date received. Note any other entity the file shows was given the old information. Leave the correction, any refusal, and any statement blank. The tool does not amend the record.
- What the lawyer must review
- OAIC Chapter 13 says an APP entity must take reasonable steps to correct personal information it holds so that, having regard to the purpose for which it is held, it is accurate, up-to-date, complete, relevant and not misleading. That applies on the entity's own initiative where it is satisfied the information is incorrect, and when the individual requests it. An opinion is not inaccurate only because the person disagrees with it, if it is presented as an opinion, records the view held, and is an informed assessment. If correction is refused, the individual may ask for a statement to be associated with the information, in a way that users will see. An agency must respond within 30 calendar days, starting the day after the request. An organisation must respond within a reasonable period, and as a general guide that should not exceed 30 calendar days. The response is the correction, or notice of the refusal. No charge may be imposed for the correction, including for making the request. A refusal notice is in writing and includes the reasons and the complaint mechanisms, and should tell the person they may ask for a statement to be associated. If the person asks, reasonable steps are taken to tell another APP entity that previously received the information, unless that is impracticable or unlawful. The lawyer writes any refusal notice.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the request, list the information said to be wrong, what the person says is correct, and the date received. Note any other entity the file shows was given the old information. Leave the correction, any refusal, and any statement blank. The tool does not amend the record. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Decide first whether the information is inaccurate, out of date, incomplete, irrelevant or misleading for the purpose it is held.
- A disagreement with an opinion is not itself an inaccuracy, on the test the chapter states.
- Do not charge. Diary 30 calendar days as the agency period, or as the general guide for an organisation.
- If correction is refused and the person asks, associate their statement, and consider notice to another entity that was given the old information. The lawyer writes the refusal.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.