FREEDOM OF INFORMATION ACT 1992 - SECT 50

FREEDOM OF INFORMATION ACT 1992 - SECT 50

50 .         If application for amendment refused, applicant may request notation etc. disputing accuracy of information etc.

        (1)         If the agency decides not to amend the information in accordance with the application the person may, in writing, request the agency to make a notation or attachment to the information —

            (a)         giving details of the matters in relation to which the person claims the information is inaccurate, incomplete, out of date or misleading; and

            (b)         if the person claims the information is incomplete or out of date — setting out the information that the person claims is needed to complete the information or bring it up to date.

        (2)         A request may be made under this section whether or not the person has taken steps to have the agency’s decision reviewed under Part 4.

        (3)         The agency has to comply with the request unless it considers that the notation or attachment that the person has requested to be made to the information is defamatory or unnecessarily voluminous.

        (4)         If the agency decides not to comply with the request it has to give the person written notice of its decision giving details of —

            (a)         the reasons for the decision and the findings on any material questions of fact underlying those reasons, referring to the material on which those findings were based; and

            (b)         the rights of review under this Act and the procedure to be followed to exercise those rights.

        (5)         This section does not prevent the agency from making the requested notation or attachment in an edited or abbreviated form, but the making of an edited or abbreviated notation or attachment does not constitute compliance with the request for the purposes of subsection (4).