The government and its departments and agencies collect and hold personal and financial information on individuals and businesses. This information is used for such things as:

• policy development;
• the provision of public services;
• the administration of public benefits (such as Centrelink and Medicare benefits); and
• regulation of businesses.

In this digital age where so many activities are done online the amount and availability of information on individuals and businesses is continually growing. There is a need for this information to be managed correctly.            

Information collected about you should be:

• used for public purposes only;
• easily accessible by you as the owner of the information; and
• able to be easily changed if incorrect.

Easier access to information also makes the government more accountable and gives the public a say in government decision making.

The Commonwealth and each state and territory must comply with freedom of information (FOI) laws that set out the right of individuals and businesses to access information relating to them. Most government departments and agencies are required to release information in response to an FOI request unless there is an overriding reason not to do so. The FOI laws also set out the types of documents that are not available for public access (exempt documents).

The FOI laws are designed to:

• encourage government departments and agencies to provide information and to be more transparent in their activities;
• give individuals and businesses the ability to find out what information is held about them;
• give individuals and businesses the ability to correct information held about them; and
• give individuals and businesses a right to appeal if they are denied access to information.

Please note that FOI laws only allow access to information that a government department holds. It does not provide you with access to information that is held by private businesses and organisations. Private entities including companies are governed by privacy legislation. For more information see our Privacy topic.

Some government-held information is not publicly accessible because it would not be in the public interest to make it available. This includes:

• personal information about someone else;
• information on trade secrets or information that has commercial value;
• certain Cabinet documents;
• confidential information provided to the government or held by the government. This includes matters of national security. Intelligence agencies which deal with this type of information may be totally exempt from complying with FOI laws.

This Legal Guide on Freedom of Information assists members of the public needing to access their personal information from a government department or agency. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.