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Privacy

Amendment of personal information

If you believe that the Department holds personal information about you that is inaccurate, irrelevant, out-of-date, incomplete or misleading, you may request the Department to make amendments to your personal information under section 15 of the Privacy and Personal Information Protection Act 1998.

If you would like to request an amendment of your personal information, you may write to the Department or complete the relevant form.

Your amendment request must state succinctly, clearly and specifically:

  1. What information you claim is inaccurate, incomplete, irrelevant, out-of-date or misleading
  2. Where the information is located in the relevant records
  3. What amendments you want to be made to ensure that the information is accurate, complete, relevant, up-to-date or not misleading
  4. Where possible, evidence showing why the information is inaccurate, incomplete, irrelevant, out-of-date or misleading.

The Department can only include, in an amendment of a record, information that would have been known at the time a record was written. It would not be appropriate for any amendment to include information about events that happened after the record was written. However, this does not prevent individuals from updating their personal information in databases, such as address details.

The amendment of information under section 15 of the Privacy and Personal Information Protection Act 1998 is concerned with the accuracy of official records and not with the merits or legality of official action recorded in those records. It does not provide a vehicle for the collateral review of the merits or validity of official action. It is not a vehicle for the determination of disputed questions of opinion when the recorded opinion was actually held and accurately entered in the records.

Amendment requests should not be used to change or appeal against past administrative or judicial decisions with which an individual is dissatisfied or to have an administrative or judicial decision made in favour of an individual.

Privacy complaints

If you would like to make a privacy complaint involving the Department of Justice, you can contact the Information Access & Privacy Unit during business hours.

Additionally/alternatively, you can write to the Unit requesting an internal review (formal investigation) under section 53 of the Privacy and Personal Information Protection Act 1998. An application for internal review must include a return address in Australia and generally be lodged within 6 months of the occurrence of the alleged conduct coming to notice. If the circumstances of your application do not meet the requirements of the legislation, your application may not be accepted.

An application form for an internal review under section 53 of the Privacy and Personal Information Protection Act 1998 is available but is not required.

Detailed information about privacy can be found on the Information and Privacy Commission NSW’s website.

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