Access to and Correction of Personal Information

Introduction

Principles 6 and 7 of the Privacy Act govern the access to and correction of personal information. If an individual requests access to, or correction of, their personal information, this is known as an "Information Privacy Request".

Note:

• Information governing Information Privacy requests can be found in the Privacy Act S 33 and 34.
• Procedures for handling requests can be found in the previous topic.

Principle 6: Access to personal information

Principle 6 focuses on the access the individual has to his or her personal information.

An individual is entitled to:

• obtain confirmation of whether or not personal information relating to them is held by the Community Probation Service, and
• have access to any personal information held by the Community Probation Service, or other parts of the Department.

This information extends to:

• reports written
• notes and case notes Probation Officers have made during interviews (including notes in IOMS)
• notes Probation Officers or others have made recording their impressions or opinions of the individual
• any other material or information including information obtained by way of conversation whether or not recorded in writing.

Note: If a Probation Officer receives a request to provide/correct information held by the Department (not just CPS) the request should be referred to the Operations Help Desk at Head Office.

Principle 7: Correction of personal information

Principle 7 focuses on the rights of the individual to have any personal information held about them corrected and the requirements for making any such correction.

If an individual asks a Probation Officer to correct information, that Officer can either:

• correct the information, or
• refuse to correct it.

Making a request

No special Form or wording is required for a request for personal information or for correction of personal information. However, it is preferable that all requests are in writing.

Community Probation Service staff are to provide reasonable assistance to individuals making an Information Privacy Request.

Time limit Information

Privacy Requests are to be actioned within 20 working days of receipt. This involves making a decision on the request and informing the individual concerned of the decision. The decision might be to:

• release the information
• withhold some or all of the information, or to
• correct or attach a statement to a document.

The time limit for actioning an Information Privacy Request may be extended. S.41 of the Privacy Act outlines circumstances in which an extension would be granted.

Identity/ authorisation of the individual

Information can be requested by an individual or an agent of an individual.

The following table shows the requirements before the Community Probation Service may disclose the information.

Information contained in a document

The personal information requested may or may not be contained in a document. The Community Probation Service may give the individual:

• an opportunity to inspect the document
• a copy of the document
• a transcript of the information
• an extract from or summary of the document, and/or
• oral information about information requested.

The information requested is to be provided in the way preferred by the individual (ie. as one of the above) unless providing the information in that way would:

• impair efficient administration
• be contrary to any legal duty of the Community Probation Service in respect of that document, or
• prejudice one of the interests for which the information may be withheld.

Other issues

The table below deals with other issues that may occur in relation to a request for personal information