Freedom of Information Act, 1997

Amendment of records relating to personal information.

17.—(1) Where personal information in a record held by a public body is incomplete, incorrect or misleading, the head of the body shall, on application to him or her in that behalf, in writing or in such other form as may be determined, by the individual to whom the information relates, amend the record—

(i) by altering it so as to make the information complete or correct or not misleading, as may be appropriate,

(ii) by adding to the record a statement specifying the respects in which the body is satisfied that the information is incomplete, incorrect or misleading, as may be appropriate, or

(iii) by deleting the information from it.

(2) An application under subsection (1) shall, in so far as is practicable—

(a) specify the record concerned and the amendment required, and

(b) include appropriate information in support of the application.

(3) The head concerned shall, as soon as may be, but not later than 4 weeks, after the receipt by him or her of an application under subsection (1), decide whether to grant or refuse to grant the application and shall cause notice, in writing or in such other form as may be determined, of his or her decision and, if the decision is to grant it, of the manner of such grant to be given to the person concerned.

(4) (a) If the grant of an application under subsection (1) is refused, the head concerned shall—

(i) attach to the record concerned the application or a copy of it or, if that is not practicable, a notation indicating that the application has been made, and

(ii) include in the notification under subsection (3) particulars of—

(I) rights of review and appeal under this Act in relation to the decision to refuse to grant the application, and

(II) the procedure governing the exercise of those rights and any time limits governing such exercise.

(b) Paragraph (a)(i) does not apply in relation to a case in which the head concerned is of opinion that the application concerned is defamatory or the alterations or additions to which it relates to the record concerned would be unnecessarily voluminous.

(5) Where a record is amended pursuant to this section, the public body concerned shall take all reasonable steps to notify of the amendment—

(a) any person to whom access to the record was granted under this Act, and

(b) any other public body to whom a copy of the record was given,

during the period of one year ending on the date on which the amendment was effected.