• Appendix 2 – Accessing or amending personal information

    Access to personal information – Australian Privacy Principle 12

    You have a right to request access to your own personal information under Australian Privacy Principle (APP) 12.

    If we can refuse to give you access to the requested personal information under the Freedom of Information Act 1982 (FOI Act) or any other Commonwealth Act, we do not have to give you access to the personal information under APP 12.

    We will respond to your request for access to your personal information within 30 days.

    In circumstances where we refuse to provide you with access to your own personal information, we will give you a written notice that sets out the reasons for the refusal (unless it would be unreasonable to do so).

    We will advise you how to complain about a refusal.

    We will not charge you for making a request or for giving you access to your own personal information.

    Correction of personal information – Australian Privacy Principle 13

    We will take reasonable steps to correct personal information that we hold about you to ensure that, having regard to the purpose for which the information is held, it is accurate, up to date, complete, relevant and not misleading or in circumstances where you request us to correct the information.

    We will respond to an amendment request within 30 days.

    If we refuse your amendment request, we will give you a written notice that sets out the reasons for the refusal, except to the extent that it would be unreasonable to do so.

    We will advise you how to complain about a refusal.

    We will not charge you for making an amendment request or for correcting personal information about you.

    Making an FOI request

    If you cannot access personal information about you contained in documents we hold by asking us for it, you can make a Freedom of Information (FOI) request.

    The FOI Act gives you the right to:

    • access copies of documents (except exempt documents) held by us
    • ask for information concerning you to be amended or annotated if it is incomplete, out of the date, incorrect or misleading
    • seek a review of our decision not to allow you access to a document or not to amend your personal record (this review can be done by the ATO or by the Information Commissioner – see oaic.gov.auExternal Link for more information).

    An FOI request must:

    • be in writing
    • state that the request is an application for the purposes of the FOI Act
    • provide such information concerning the document requested as is reasonably necessary to enable a taxation officer to identify it
    • provide details of how notices under the FOI Act may be sent to you (for example, by providing an email address for correspondence).

    You can send your request to us by email at FOI@ato.gov.au with your name and the words FOI REQUEST in the subject line. You can use the FOI application form available on our website.

    We prefer email but you can also send your FOI request to the postal address of our central or regional offices as given in a current telephone directory, clearly marked FOI REQUEST on the envelope and on the enclosed request.

      Last modified: 14 Oct 2016QC 39396