The Access to Personal Files (Housing) Regulations 1989

Correction and erasure of information

7.—(1) A tenant wishing an authority—

(a) to correct or erase inaccurate information of which he is, or under the Act is treated as, the subject; or

(b) to correct relevant information which consists of an expression of opinion about the tenant or a member of his family which is based on inaccurate information or which implies the existence of facts which are incorrect or misleading;

may by notice in writing require the authority to do so, and that requirement shall be accompanied by—

(i) sufficient information to enable the authority to identify the information and the record in which it is held; and

(ii) a statement of the correct information; and

(iii) any written evidence on which the tenant relies as supporting his view that the information is, or is based on or implies the existence of facts which are, incorrect or misleading.

(2) Unless the authority forms the view described in paragraph (4), it shall on receipt of such a requirement to correct or erase inaccurate information correct or erase the information as required by the tenant’s notice, and shall as soon as reasonably practicable send a copy of the revised information to the tenant free of charge.

(3) Unless the authority forms the view described in paragraph (4), it shall on receipt of a requirement to correct an expression of opinion referred to in paragraph (1)(b)—

(a) clearly mark any document on which that expression of opinion appears that the authority accepts that the opinion was based on inaccurate information or, as the case may be, implies the existence of facts which are incorrect or misleading, and

(b) as soon as is reasonably practicable send to the tenant a copy of the document so marked free of charge.

(4) Where the authority forms the view that the relevant information is not inaccurate information, or is not an opinion based on facts which are incorrect or misleading or does not imply the existence of incorrect or misleading facts in the manner described by the tenant, it shall—

(a) place a written note recording the tenant’s view with the information which it has decided not to correct or erase, and

(b) send a copy of the note referred to in sub-paragraph (a) to the tenant together with a copy of the information to which it relates, and

(c) send a notice, accompanying the copies referred to in (b), to the tenant stating that the information is not inaccurate information or is not an opinion based on facts which are incorrect or misleading or does not imply the existence of incorrect or misleading facts in the manner described by the tenant, and giving its reasons,

and it shall make no charge for supplying the copies referred to in sub-paragraph (b) or for supplying the notice referred to in sub-paragraph (c).

(5) Where the authority forms the view that part only of the relevant information is, or is an opinion based on facts which are, incorrect or misleading, or implies the existence of incorrect or misleading facts in the manner described in the tenant’s notice, it shall comply with paragraph (2) or (3), as appropriate as to that part and with paragraph (4) as to the remainder.