Part 15 Access to, and correction of, personal information

Part 1.5 Access to, and correction of, personal information Section 13 page 62 Information Privacy Act 2014 Effective: 16/12/25 R13 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Notification of correction to third parties 13.2 If— (a) the public sector agency corrects personal information about an individual that the agency previously disclosed to another public sector agency; and (b) 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— (a) the reasons for the refusal except to the extent that it would be unreasonable to do so; and (b) the mechanisms available to complain about the refusal; and (c) any other matter prescribed by regulation. Request to associate a statement 13.4 If— (a) the public sector agency refuses to correct the personal information as requested by the individual; and (b) the individual requests the agency to associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading; the agency must take reasonable steps to associate the statement in a way that will make the statement apparent to users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. Territory privacy principles Schedule 1 Access to, and correction of, personal information Part 1.5 Section 13 R13 16/12/25 Information Privacy Act 2014 Effective: 16/12/25 page 63 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dealing with requests 13.5 If a request is made under TPP 13.1 or TPP 13.4, the public sector agency— (a) must respond to the request within 30 days after the day the request is made; and (b) 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 page 64 Information Privacy Act 2014 Effective: 16/12/25 R13 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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. Dictionary R13 16/12/25 Information Privacy Act 2014 Effective: 16/12/25 page 65 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au act—see section 10. ACT court— (a) means the Supreme Court, Magistrates Court, Coroner’s Court or a tribunal; and (b) 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— (a) means a person engaged under a government contract to provide services to the Territory or a public sector agency; and (b) includes a subcontractor in relation to the contract. court or tribunal order, for schedule 1 (Territory privacy principles)—see section 14. Dictionary page 66 Information Privacy Act 2014 Effective: 16/12/25 R13 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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— (a) whether or not it is published in print, electronically or in any other form; and (b) 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— (a) the Territory or agency; or (b) 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— (a) the Information Privacy Commissioner appointed under section 26; or (b) 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. Dictionary R13 16/12/25 Information Privacy Act 2014 Effective: 16/12/25 page 67 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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— (a) includes— (i) a document; or (ii) an electronic or other device; and (b) does not include— (i) a generally available publication; or (ii) anything kept in a library, art gallery or museum for the purposes of reference, study or exhibition; or (iii) a record open to public access under the Territory Records Act 2002, part 3; or (iv) a letter or other item in the course of being sent by post. Note Document—see the Legislation Act, dictionary, pt 1. Dictionary page 68 Information Privacy Act 2014 Effective: 16/12/25 R13 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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). Endnotes About the endnotes 1 R13 16/12/25 Information Privacy Act 2014 Effective: 16/12/25 page 69 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Endnotes 3 Legislation history page 70 Information Privacy Act 2014 Effective: 16/12/25 R13 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Information Privacy Act 2014 A2014-24 notified LR 11 June 2014 s 1, s 2 commenced 11 June 2014 (LA s 75 (1)) remainder commenced 1 September 2014 (s 2 and CN2014-10) as amended by Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014-49 sch 1 pt 1.10 notified LR 10 November 2014 s 1, s 2 commenced 10 November 2014 (LA s 75 (1)) sch 1 pt 1.10 commenced 17 November 2014 (s 2) Judicial Commissions Amendment Act 2015 A2015-1 sch 1 pt 1.4 (as am by A2015-52 s 28) notified LR 25 February 2015 s 1, s 2 commenced 25 February 2015 (LA s 75 (1)) sch 1 pt 1.4 commenced 1 February 2017 (s 2 (as am by A2015-52 s 28)) Statute Law Amendment Act 2015 A2015-15 sch 3 pt 3.8 notified LR 27 May 2015 s 1, s 2 commenced 27 May 2015 (LA s 75 (1)) sch 3 pt 3.8 commenced 10 June 2015 (s 2) Courts Legislation Amendment Act 2015 (No 2) A2015-52 pt 10 notified LR 26 November 2015 s 1, s 2 commenced 26 November 2015 (LA s 75 (1)) pt 10 (s 28) commenced 10 December 2015 (s 2 (2)) Note Pt 10 (s 28) only amends the Judicial Commissions Amendment Act 2015 A2015-1 Freedom of Information Act 2016 A2016-55 sch 4 pt 4.18 (as am by A2017-14 s 19) notified LR 26 August 2016 s 1, s 2 commenced 26 August 2016 (LA s 75 (1)) sch 4 pt 4.18 commenced 1 January 2018 (s 2 as am by A2017-14 s 19) Endnotes Legislation history 3 R13 16/12/25 Information Privacy Act 2014 Effective: 16/12/25 page 71 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Justice and Community Safety Legislation Amendment Act 2017 A2017-5 sch 1 pt 1.6 notified LR 23 February 2017 s 1, s 2 commenced 23 February 2017 (LA s 75 (1)) sch 1 pt 1.6 commenced 2 March 2017 (s 2 (3)) Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 s 19 notified LR 17 May 2017 s 1, s 2 commenced 17 May 2017 (LA s 75 (1)) s 19 commenced 24 May 2017 (s 2 (1)) Note This Act only amends the Freedom of Information Act 2016 A2016-55. Integrity Commission Act 2018 A2018-52 sch 1 pt 1.13 (as am by A2019-18 s 4) notified LR 11 December 2018 s 1, s 2 commenced 11 December 2018 (LA s 75 (1)) sch 1 pt 1.13 commenced 1 July 2019 (s 2 (1) as am by A2019-18 s 4) Integrity Commission Amendment Act 2019 A2019-18 s 4 notified LR 14 June 2019 s 1, s 2 commenced 14 June 2019 (LA s 75 (1)) s 4 commenced 1 July 2019 (s 2 (1)) Note This Act only amends the Integrity Commission Act 2018 A2018-52. Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.26 notified LR 9 June 2021 s 1, s 2 commenced 9 June 2021 (LA s 75 (1)) sch 3 pt 3.26 commenced 23 June 2021 (s 2 (1)) Crimes Legislation Amendment Act 2024 (No 2) A2024-16 sch 1 pt 1.1 notified LR 19 April 2024 s 1, s 2 commenced 19 April 2024 (LA s 75 (1)) sch 1 pt 1.1 commenced 26 April 2024 (s 2) Endnotes