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Thread: Does citizen have the right to access personal information.

  1. #9
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    C J Karira
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    Re: Does citizen have the right to access personal information.

    Twitter: @cjkarira

  2. #10

    Re: Does citizen have the right to access personal information.


    Does an rti application asking for a govt. employee's pay-slip amount to "invasion of privacy?"

  3. 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.
    It takes each of us to make difference for all of us.

  4. #12

    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,"<SUP></SUP> 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,<SUP></SUP> medical condition,<SUP></SUP> date of birth, religious affiliation,<SUP></SUP> citizenship data,<SUP></SUP> genealogical history establishing membership in a Native American Tribe, social security numbers,<SUP></SUP>criminal history records (commonly referred to as "rap sheets"), incarceration of United States citizens in foreign prisons, sexual inclinations or associations,<SUP></SUP>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."<SUP></SUP>

    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<O
    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.<O




    </PRE>

  5. 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

  6. #14

    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.

  7. #15
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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
    we have been getting the detailed monthly emoluments , loans availed , allowances , deductions etc under RTI Act .
    Sandeep ji , specifically what details of pay-slip you have in mind which you believe should not be a part of suo-moto disclosure ? Plz share your views .

  8. #16

    Re: Does citizen have the right to access personal information.


    I doubt it would amount to invasion of Privacy...He/ she is a Government servant so the people have a right to know what and how much is being paid out of Public money....

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