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Does citizen have the right to access personal information.

This is a discussion on Does citizen have the right to access personal information. within the Ask for RTI Query forums, part of the RTI Community category; Salary details are to be proactively disclosed under section 4 .1.b [x] and hence U can seek details of salary etc....


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  #11  
Old 09-13-2008, 03:33 PM
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Re: Does citizen have the right to access personal information.


Salary details are to be proactively disclosed under section 4 .1.b [x] and hence U can seek details of salary etc.
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  #12  
Old 09-13-2008, 05:53 PM
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Re: Does citizen have the right to access personal information.


Quote:
Originally Posted by jswami16 View Post
Mr. Kushal,

Thanks a lot for the information . It was very much benefiting. What is the position for the above questions in countries like USA, UK, CANADA, FRANCE GERMANY.

swami
Canadian access to information laws distinguish between access to records generally and access to records that contain personal information about the person making the request. Subject to exceptions, individuals have a right of access to records that contain their own personal information under the Privacy Act but the general public does not have a right of access to records that contain personal information about others under the Access to Information Act.

In the USA, the Privacy Act of 1974 also regulates the disclosure of
personal information about an individual. The FOIA and the
Privacy Act overlap in part, but there is no inconsistency. An
individual seeking records about himself or herself should cite
both laws when making a request. This ensures that the maximum
amount of disclosable information will be released. Records
that can be denied to an individual under the Privacy Act are
not necessarily exempt under the FOIA.Although "the presumption in favor of disclosure is as strong [under Exemption 6] as can be found anywhere in the Act," the courts have most vigorously protected the personal, intimate details of an individual's life -- consistently protecting personal information that, if disclosed, is likely to cause the individual involved personal distress or embarrassment. Courts regularly uphold the nondisclosure of information concerning marital status, legitimacy of children, welfare payments, family fights and reputation, medical condition, date of birth, religious affiliation, citizenship data, genealogical history establishing membership in a Native American Tribe, social security numbers,criminal history records (commonly referred to as "rap sheets"), incarceration of United States citizens in foreign prisons, sexual inclinations or associations,and financial status. Even "favorable information ," such as details of an employee's outstanding performance evaluation, can be protected on the basis that it "may well embarrass an individual or incite jealousy" among co-workers. Moreover, re-lease of such information "reveals by omission the identities of employees who did not receive high ratings, creating an invasion of their privacy."

In the UK Sec 40 for the Freedom of Information Act talks about this.
If the personal data is about the person requesting the information , then there is no right to know under the Freedom of Information Act. There is an absolute exemption to its release. However, any such requests should be treated as subject access requests under the Data Protection Act. This means that despite the exemption under the Freedom of Information Act, the applicant has a right to request his or her information under the Data Protection Act. If the personal data is about someone other than the applicant, there is an exemption if disclosure would breach any of the Data Protection Principles. There are also some
special rules to be applied in cases where the personal data are about
someone who has formally objected to their disclosure. The term, “third party data,” is used to describe personal information about someone other than the applicant.




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  #13  
Old 09-22-2008, 05:39 AM
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Re: Does citizen have the right to access personal information.


But salary slip is different from pay scale. Salary slip will show the amounts deducted for absence and other reasons, extra amount paid or reimbursed etc.
As per my understanding salary slip is a third party information and should be covered by the provisions of sec 11
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  #14  
Old 09-22-2008, 08:43 PM
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Re: Does citizen have the right to access personal information.


Ofcourse u have a point here. May be it can be given after following the procedure for third party information laid down in Sec 11 of the Act.
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