Page 186 - DCAP309_INFORMATION_SECURITY_AND_PRIVACY

Information Security and Privacy

Notes (e) the information links to existing or anticipated legal proceedings among the agency
and the individual, and the information would not be accessible by the procedure of
discovery or subpoena in those proceedings;
(f) offering access would reveal the intentions of the agency in association to
negotiations with the individual in such a way that would prejudice the negotiations;

(g) offering access would be illegal denying access is required or authorized by law;
(h) offering access would be likely to prejudice an examination of possible unlawful
activity;

(i) offering access would be likely to injustice one or more of the following by or on
behalf of a law enforcement agency;
(j) preventing, detecting, investigating, prosecuting or punishing an offence or a breach
of a agreed law;
(k) implementing a law relating to the confiscation of proceeds of crime;
(l) defensing public revenue;

(m) preventing, detecting, investigating or remedying seriously improper conduct or
prescribed conduct;
(n) preparing for or performing proceedings in a court or tribunal or executing the
orders of a court or tribunal;
(o) offering access would injustice the security or defence of the Commonwealth or a
State or Territory of the Commonwealth; or the maintenance of law and order in the
Territory.
2. Though, where offering the individual with access to the information would disclose
evaluative information produced within an agency in association with a commercially
sensitive decision making process, the agency may provide the individual an explanation
for the commercially sensitive decision instead of access to the decision.
3. If an agency holds personal information about an individual and the individual establishes
that the information is not precise, complete or up to date, the agency must take rational
steps to correct the information so that it is accurate, complete and up to date.
4. The agency must take rational steps to comply with a request to accurate personal
information so that it is accurate, complete and up to date, if:
(a) an individual and an agency conflict about whether personal information regarding
the individual held by the agency is accurate, complete or up to date, and
(b) the individual demands the organization to associate with the information a
declaration to the effect that, in the individual’s opinion, the information is imprecise,
incomplete or out of date.
5. An agency must offer reasons for refusing to provide access to, or correct, personal
information.
6. If an agency charges a charge for offering access to personal information, the fee is not to
be extreme.

7. If an individual demands an agency for access to, or to correct, personal information
apprehended by the agency, the agency must inside a reasonable time:
(a) offer access or reasons for refusing access

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