Amending personal records procedure

You must include a written statement of the amendment you want and the reasons for it, such as why the information is inaccurate, incomplete, untimely, or irrelevant. The regulation requires that the request be submitted in writing to the Privacy Officer following the procedures in 2400.4(a)(1).

• Be specific about which record or entry you want changed.
• Explain clearly why the current information is wrong or incomplete and provide any supporting documents you have.

(See 2400.6(a).)

You must send the written amendment request to the agency's Privacy Officer. The rule explicitly states the request shall be submitted in writing to the Privacy Officer in accordance with 2400.4(a)(1).

• If you are unsure who the Privacy Officer is, check the agency's privacy notice or contact the agency's records or personnel office for contact details.

(See 2400.6(a).)

The Privacy Officer must acknowledge receipt of your amendment request in writing within 10 working days. The regulation sets this clear timeframe for initial acknowledgement.

• This acknowledgement is separate from the final decision and simply confirms the request was received.

(See 2400.6(b)(1).)

The Privacy Officer will make whatever inquiry is necessary to determine whether the amendment is appropriate. The rule requires the Privacy Officer to investigate the matter to decide if the record should be changed.

• This can include reviewing the record, checking source documents, and consulting personnel who created or maintain the record.
• You should provide supporting evidence with your request to help that inquiry.

(See 2400.6(b)(2).)

If the Privacy Officer finds the information is incomplete, inaccurate, irrelevant to the agency's statutory purpose, or untimely, they must correct or eliminate that information and notify you in writing when the action is complete.

• The notice should tell you what change was made and when it was completed.
• Keep the written notification for your records as proof the amendment was made.

(See 2400.6(b)(3)(i).)

If the request is denied, the Privacy Officer must notify you in writing, explain the reasons for the denial, and advise you of your right to appeal under 2400.7.

• The notice should state the specific grounds for the decision so you can consider whether to file an appeal.
• Follow the appeal instructions in 2400.7 if you disagree with the denial.

(See 2400.6(b)(3)(ii).)

You can request an amendment if the record is inaccurate, incomplete, untimely, or irrelevant to the agency's statutory purpose. The regulation lists those exact categories as acceptable reasons for requesting a change.

• Be specific in your explanation (for example, point out the inaccurate fact and provide correct documentation).

(See 2400.6(a).)

The rule states that an individual may submit a request to amend his or her personal record, and it also requires submission in accordance with 2400.4(a)(1), so whether a representative can submit depends on the procedures set out in 2400.4(a)(1).

• Check the agency's 2400.4(a)(1) procedures to see if authorized representatives (such as an attorney or designated agent) are permitted and what documentation is required.

(See 2400.6(a) and 2400.4(a)(1).)

No fixed deadline for final resolution is specified; the regulation requires that the Privacy Officer act "promptly," but only sets a concrete 10-working-day requirement for acknowledging receipt of the request.

• Expect an initial written acknowledgement within 10 working days per 2400.6(b)(1).
• For the final decision, the Privacy Officer must conduct the necessary inquiry and then either correct the record or provide a written denial with appeal rights as described in 2400.6(b)(3).

The regulation requires the Privacy Officer to acknowledge receipt in writing within 10 working days, so you should first contact the Privacy Officer to follow up if you do not receive that acknowledgement.

• If you cannot resolve the issue informally, retain copies of your original submission and any communication attempts; the regulation describes appeal rights when requests are denied (see 2400.6(b)(3)(ii) and 2400.7).

(See 2400.6(b)(1).)

If the Privacy Officer determines not to amend the record, you must be notified in writing with the reasons for denial and advised of your right to appeal under 2400.7.

• The written denial should explain why the amendment was not made so you can prepare an appeal.
• Follow the appeal process described in 2400.7 to challenge the decision.

(See 2400.6(b)(3)(ii) and 2400.7).

Upon receiving an amendment request, the Privacy Officer must promptly: (1) acknowledge receipt in writing within 10 working days; (2) make the necessary inquiry to determine whether the amendment is appropriate; and (3) resolve the request either by correcting/eliminating the information and notifying you or by issuing a written denial with reasons and appeal rights.

• These duties are laid out in three parts in the regulation and set the process you can expect.

(See 2400.6(b), including 2400.6(b)(1), 2400.6(b)(2), and 2400.6(b)(3).

Yes. If the Privacy Officer finds information is irrelevant to the agency's statutory purpose, the regulation requires correcting or eliminating that information and notifying you when the action is complete.

• Cite why the item is irrelevant in your request and provide any supporting documents that show the information is beyond the agency's required scope.

(See 2400.6(b)(3)(i).)

The regulation allows you to request amendment on the basis that a record is "untimely," meaning the information is not current or appropriately dated for its purpose; you can challenge timeliness by explaining why the timing is wrong and submitting supporting evidence.

• Provide dates, explanations, and documents showing more current or accurate information to support your request.
• The Privacy Officer must investigate under 2400.6(b)(2) and then correct or deny under 2400.6(b)(3).

Yes. When the Privacy Officer corrects or eliminates information found to be incomplete, inaccurate, irrelevant, or untimely, they must notify you in writing when the action is complete.

• Keep that written notice as confirmation the amendment was made and for your own records.

(See 2400.6(b)(3)(i).)

Yes. Amendment requests must be submitted in writing to the Privacy Officer in accordance with the procedures in 2400.4(a)(1).

• That means you should follow any format, identification, or verification steps the agency sets out in 2400.4(a)(1) so your request will be accepted and processed.

(See 2400.6(a) and 2400.4(a)(1).)

If you appeal a denial, you will follow the agency's appeal procedures described in 2400.7; the denial notice must advise you of that right.

• The denial letter must include the reasons for the decision and the steps for filing an appeal under 2400.7.
• Review 2400.7 to learn the required timelines and submission format for appeals.

(See 2400.6(b)(3)(ii) and 2400.7).

While the rule does not require specific documents, you should provide any evidence that supports your claim because the Privacy Officer will make an inquiry to decide whether the amendment is appropriate.

• Useful evidence can include dated documents, corrected records, identification, or correspondence that shows the current record is wrong or incomplete.
• Providing clear evidence speeds the 2400.6(b)(2) inquiry and helps the Privacy Officer reach a decision.

(See 2400.6(b)(2).)