The Australian data protection authority, the Office of the Australian Information Commissioner (OAIC), has issued two sets of guidelines further to our previous blog analysing earlier guidelines issued on the Australian Privacy Principles (APPS) that will provide the framework for Australia’s Privacy Amendment (Enhancing Privacy Protection) Act 2012 scheduled to take effect beginning 12 March 2014. The most recent sets of guidelines relate to rights of data subjects under APP 12 ‘access to personal information’ and APP 13 ‘correction of personal information’.
The key points to note from APP 12:
- APP entities that hold personal information about individuals must give individuals access to that personal information on request (whether in writing or otherwise informally).
- Applications for access requests must be free of charge, and any charges relating to providing the information must not be excessive.
- The right to access information under APP 12 operates alongside other legal procedures, e.g., the Freedom of Information Act (FOI Act).
- APP entities can refuse to grant access to information by providing the individual written notice justifying the circumstances for refusal. These circumstances include the grounds for refusing consent under the FOI Act, as well as the following:
- Reasonable belief that giving access would pose a serious threat to life, health or safety of an individual
- Access would have unreasonable impact on privacy of other individuals
- The request is frivolous or vexatious
- Information relates to anticipated or existing legal proceedings and would not be disclosable under discovery
- Access would reveal intention of negotiations with the individual or would prejudice enforcement activities for misconduct
- Access would reveal information in connection with a commercially sensitive decision-making process
- Giving access would be unlawful
- APP entities must respond to access requests within 30 calendar days by either providing a notice of refusal or granting access in the manner requested by individual.
They key points to note from APP 13:
- APP entities must take reasonable steps to correct personal information to ensure information held is accurate, up-to-date, relevant and not misleading.
- Privacy policies must provide a mechanism for individuals to make a request to an APP entity for correction of their personal data.
- Reasonable steps must be taken to notify other APP entities of the correction.
- Individuals who request that their information be corrected but are refused must be provided with a complaint mechanism and written notice of the grounds for the refusal to correct the information.
- It is not permissible to impose any charge on individuals for requesting the correction of their personal information.
- APP entities must respond to requests for correction within 30 calendar days by either correcting the information or notifying the individual of the grounds for refusing the correction.