FREEDOM OF INFORMATION ACT 1991 - SECT 37
FREEDOM OF INFORMATION ACT 1991 - SECT 37
37—Notations to be added to records
(1) If an agency has
refused to amend its records, the applicant may, by notice in writing lodged
at an office of the agency, require the agency to add to those records a
notation—
(a)
specifying the respects in which the applicant claims the records to be
incomplete, incorrect, out-of-date or misleading; and
(b) if
the applicant claims the records to be incomplete or out-of-date—setting
out such information as the applicant claims is necessary to complete the
records or to bring them up-to-date.
(2) An agency must
comply with the requirements of a notice lodged under this section and must
cause written notice of the nature of the notation to be given to the
applicant.
(3) If an agency
discloses to any person (including any other agency) any information contained
in the part of its records to which a notice under this section relates, the
agency—
(a) must
ensure that, when the information is disclosed, a statement is given to that
person—
(i)
stating that the person to whom the information relates
claims that the information is incomplete, incorrect, out-of-date or
misleading; and
(ii)
setting out particulars of the notation added to its
records under this section; and
(b) may
include in the statement the reason for the agency's refusal to amend its
records in accordance with the notation.
(4) Nothing in this
section is intended to prevent or discourage agencies from giving particulars
of a notation added to its records under this section to a person (including
any other agency and any Minister) to whom information contained in those
records was given before the commencement of this section.