Amendment of personal information
What Is Amendment of Personal Information?
Amendment of personal information is a consumer’s right to request that organizations and institutions amend inaccurate or incorrect personal information about them. It is also known as the correction of personal information.
Federal and state laws in the US allow consumers to amend the information held about them by various organizations, including financial institutions, government agencies, and healthcare providers.
Third-party definition
Individuals have the right to request that errors in their personal information be corrected. – Reuters
Amending Personal Information Under US Federal Law
Three key US federal laws address consumers’ right to amend their personal information.
The Privacy Act of 1974
Under the Privacy Act of 1974, consumers can ask federal government agencies to see what personally identifiable information (PII) they hold on them and request the amendment of irrelevant, incomplete, or inaccurate information.
The exact process for amending your data will depend on the agency, but typically, you can mail your request to the department component that maintains your information. As an example, here’s the process for the Department of Justice.
If you can’t find relevant information on a government agency’s website, try looking up “agency name” with “submit a privacy request” on Google or whatever search engine you use.
The Fair Credit Reporting Act
The Fair Credit Reporting Act allows consumers to see their files and dispute any inaccurate, incorrect, or unverifiable information.
To see your report, you can:
- Request it through AnnualCreditReport.com.
- Call (877) 322-8228.
- Fill out and mail a form to Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.
To amend information within your report, submit a dispute online (Experian, Equifax, TransUnion). Alternatively, you can also mail or call the appropriate credit reporting agency.
The Health Insurance Portability and Accountability Act
Under the Health Insurance Portability and Accountability Act (HIPAA), patients have a right to request access to and amend their protected health information (PHI) from any HIPAA-covered entity.
The process for viewing and amending your data varies from one healthcare provider to the next, so the best course of action is to contact your provider and ask them about it. You can also try looking up “your healthcare provider name” with “request for amendment of health information” on Google or your preferred search engine.
Amending Personal Information Under US State Law
A growing number of states have passed consumer privacy laws that give individuals the right to request that organizations amend their personal information.
Some of these state laws include:
- The California Consumer Privacy Act (CCPA)
- Colorado Privacy Act (CPA)
- Virginia’s Consumer Data Protection Act (CDPA)
- The Connecticut Data Privacy Act (CTDPA)
- Montana Consumer Data Privacy Act (MTCDPA)
- The Tennessee Information Protection Act (TIPA)
- The Oregon Consumer Privacy Act (OCPA)
- The Indiana Consumer Data Protection Act (INCDPA)
- The Texas Data Privacy and Security Act (TDPSA)
- The Delaware Personal Data Privacy Act (DPDPA)
However, not all consumer privacy laws include personal data amendment as a right.
For instance, the Iowa Consumer Data Protection Act (CDPA) does not give consumers the right to amend their personal information. Neither does the Utah Consumer Privacy Act (UCPA).
To access and amend your personal information under state law, see the privacy policy of the organization that holds your data. The policy should instruct you on how to submit your request.
Why Is Amending Personal Information Important for Privacy?
If an organization has incorrect information on you, it could negatively affect your opportunities.
For example, erroneous information in your credit report could affect your loan eligibility or lead to higher interest rates, whereas incorrect information on a data broker profile could result in loss of employment and denial of rental applications.
It could also be a sign of fraud or identity theft. Incorrect information on your medical records could mean you’ve been a victim of identity theft.
If an organization has the wrong contact details, you could also miss out on certain benefits or services.
