2004 - Complaint Case Note 8

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Case Citation: S v Various Commonwealth Agencies [2004] PrivCmrA 8

Subject Heading: Access to and correction of personal information held by a Commonwealth government agency / declined to investigate on the basis that another law provided a more appropriate remedy

Law: Information Privacy Principle 6 and 7 and section 41(1)(f) Privacy Act 1988 (Cth)

Facts: The complainant sought to access and correct her personal information held by a number of Commonwealth government agencies. The complainant alleged that the Commonwealth government agencies concerned had, in a number of cases, refused to amend her records on her request.

Issues: Information Privacy Principle (IPP) 6 in the Privacy Act gives individuals the general right to access their personal information that is held in a record by a Commonwealth government agency. IPP 7 provides individuals with the general right to have this information updated or amended where it is inaccurate.

Both IPPs 6 and 7 are subject to the provisions of other Commonwealth laws, including the Freedom of Information Act 1982 (Cth). The latter also sets out more specific provisions regarding the way personal information held by a Commonwealth government agency may be accessed and also specifies some exceptions to the right of access and correction.

Further, under section 41(1)(f) of the Privacy Act, the Commissioner may decline to investigate a complaint where another Commonwealth, State or Territory law provides a more appropriate remedy for the act or practice that is the subject of the complaint.

Outcome: The complaint was declined under section 41(1)(f) of the Privacy Act on the basis that the matter would be more appropriately dealt with under the Freedom of Information Act 1982 (Cth).

The complainant was advised that issues regarding access to or correction of personal information held by Commonwealth government agencies should be directed in the first instance to the agency holding the personal information. Most agencies have a Freedom of Information officer who handles such matters. The complainant was also advised that complaints about the handling of Freedom of Information requests by agencies, including complaints regarding the refusal of a request for access or correction, should be referred to the Commonwealth Ombudsman or the Administrative Appeals Tribunal.

OFFICE OF THE PRIVACY COMMISSIONER
June 2004