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Right to Information - Law, Policy, Practice

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Right to Information Act, 2005 [India]. …

Right to Information Act, 2005 [India].
Right to Information, Law, Policy and Practice

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  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • © 2010. Rodney D. Ryder. All rights reserved.
  • Transcript

    • 1. Rodney D. Ryder Scriboard Right to Information: Law – Policy - Practice Rodney D. Ryder
    • 2. Introduction - Structure Rodney D. Ryder Scriboard Part 1 – Understanding the Right to Information [What is the Right to Information? Understanding the objectives; Lessons and Principles] Part 2 – The Right to Information Act, 2005 [The scope of the Legislation; Definitions; The apparatus and working of the legislation; Exemptions; Appeals; Penalties; Access; Responsibilities of Public Authorities; Enforcement. Concerns over the Legislation] Part 3 – Data Protection [General Principles; Data Protection in Europe; Corporate Compliance Issues]
    • 3. The need for legislation Rodney D. Ryder Scriboard Understanding the Right to Information
    • 4. The historical background and raison d’etre for the “Right to Information”
      • Information as “oxygen” for a democratic society
      • “ Model governance” and “transparency” in decision making process
      • The Media: plagued by “gag laws” [ the Vernacular Press Act of 1878, the Newspapers (Incitement to Offences) Act of 1908, the Indian Press Act of 1910, the Indian Press (Emergency) Powers Act of 1931, the Press (Objectionable Matter) Act of 1951, the Newspaper (Price and Page) Act of 1956] – not mention the Emergency [1975-76 ]
      • Media Law - the right to inform others and be informed about public issues
      • The Right to Information as the foundation for “open government”
      Rodney D. Ryder Scriboard
    • 5. What is the Right to Information? [in theory and in the international context]
      • All policies, practice, laws and procedures that help guarantee openness in the conduct of public affairs
        • At its core are two related human rights provided in the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights.
      • Rights
        • The right of freedom of expression and the right to information. Freedom of expression is the human right to express and exchange opinions, beliefs and information with others.
        • The right to information is the human right to secure access to publicly held information and the corresponding duty upon a public body to make information available.
      Rodney D. Ryder Scriboard
    • 6. The role of the Central Government
      • Access to Information
        • is a pre-requisite for ensuring the voice and participation necessary for a democratic society. “Democracy is as much about Voices than about Votes”
        • promotes participation, transparency and accountability
        • Communication mechanisms that empower people to influence national and local government policy and practice are essential for effective and sustainable poverty reduction.
      • United Nations - Position paper ‘ Official information and the public domain ’ and ‘giving voice to poor people’
      Rodney D. Ryder Scriboard
    • 7. The Right to Information: Lessons and Principles [I]
      • Principles
        • Poor and vulnerable groups can be empowered by strengthening those information and communication mechanisms that are most relevant to them (e.g. strengthening the operation of community radio through support for infrastructure and equipment in rural areas, enhancing local capacities for programming etc).
        • A comprehensive situation analysis to determine the information and communication needs of all people, but especially poor and vulnerable groups, should underpin all Right to Information programming, guidelines and/or documentation
        • Men and women have different information needs: gender disaggregated data should inform situational analyses
      Rodney D. Ryder Scriboard
    • 8. The Right to Information: Lessons and Principles [II]
      • It is important that both the ‘supply’ (the capacities and mechanisms that enhance the generation, availability, accessibility of relevant information) and ‘demand’ (the capacities and mechanisms that increase the demand for information) of information are strengthened.
        • Supply-side support could include developing the capacity of government personnel to provide official information on request and strengthening the capacity of media personnel.
        • Demand-side support could include supporting civic education activities on the right to information, building capacities of communities to organize, analyse information and communicate views to policy makers
      Rodney D. Ryder Scriboard
    • 9. The Right to Information: Approaches and Techniques [I]
      • Regulatory environment promoting pluralism
        • Expert advice on legislation related to: right to government-held information, freedom of expression, and media.
      • Independent and Professional Media
        • Enabling environment for inclusive and responsive media (e.g. community-based), professional standards through self-regulation and training. Improved understanding and reporting.
      Rodney D. Ryder Scriboard
    • 10. The Right to Information: Approaches and Techniques [II]
      • Awareness of rights to government-held information
        • Initiatives that sensitize officials to the importance of making information available; working with Public Authorities to promote awareness of rights of access under existing legislation; encouraging active use of rights (e.g., using information for budget monitoring).
      • Communication for vulnerable groups
        • Support to Public Authorities that focus on active participation of vulnerable groups. Support to community dialogue initiatives (e.g., conflict, elections, AIDS).
      Rodney D. Ryder Scriboard
    • 11. The Right to Information: Practical Implementation
      • Baseline Work: Analysis of National Context and of the Sector
      • Checklist for the Review of Access to Information Proposals
      • Assessing/Establishing Partnerships
      • Additional Resources:
        • Inventory of reading materials
        • Policy Advice
        • Knowledge Networks
        • Advisors
      Rodney D. Ryder Scriboard
    • 12. The need for legislation Rodney D. Ryder Scriboard The Right to Information Act, 2005
    • 13. The Scope of the Legislation
      • Covers central, state and local governments, and
        • all bodies owned, controlled or substantially financed;
        • non-government organisation substantially financed,
      • directly or indirectly by funds provided by the appropriate Government (2(h))
      • Covers the executive, judiciary and legislature (2(e)
      • Includes information relating to private body which can be accessed by under any other law for the time being in force (2(f))
      Rodney D. Ryder Scriboard
    • 14. The Act – “Definitions” [I]
      • "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form.
      • "right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to-
        • (i) inspection of work, documents, records;
        • (ii) taking notes, extracts, or certified copies of documents or records;
      Rodney D. Ryder Scriboard
    • 15. The Act – “Definitions” [II]
        • "right to information" means….
        • (iii) taking certified samples of material;
        • (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;
      • "third party" means a person other than the citizen making a request for information and includes a public
      Rodney D. Ryder Scriboard
    • 16. The issue of “access” [Every issue of access involves at least four questions]
      • Is the particular record or proceeding “public”? [Many records and some proceedings, though kept or conducted by public officers in public offices in the business of the public are not “public”]
      • If “public”, is it a public record or proceeding open to inspection or attendance? [There are many records and some proceedings which, though public by definition, or by nature or for some purposes, are not open to public inspection or attendance at all.]
      • If open to inspection or attendance, to whom is the right accorded? [Many records and some proceedings are “public” or open to inspection or attendance but the right to inspect and attendance but the right to inspect or attend is restricted to those of a particular status, qualification, or purpose].
      • If the record is public, open to inspection with right vested in the applicant, will the court allow that person the legal remedial process [commonly the writ of mandamus in the case of records]?
      Rodney D. Ryder Scriboard
    • 17. Case Law: State of Uttar Pradesh v. Raj Narain , (1975) 4 SCC 428.
      • Art. 19(1)(a) [of the Constitution of India] not only guarantees freedom of speech and expression, it also ensures and comprehends the right of the citizens to know, the right to receive information regarding matters of public concern.
      • “ The people of this country have a right to know every public act, everything that is done in a public way, by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearings. The right to know, which is derived from the concept of freedom of speech, though not absolute, is a factor which should make one wary, when secrecy is claimed for transactions which can, at any rate, have no repercussion on public security”.
      Rodney D. Ryder Scriboard
    • 18. The Act – “Apparatus, Functioning and Processes” [I]
      • Application to be submitted in writing or electronically, with prescribed fee, to Public Information Officer (PIO).
      • Envisages PIO in each department/agency to receive requests and provide information. Assistant PIO at sub-district levels to receive applications/appeals/ complaints. Forward to appropriate PIO. This role will be entrusted to officers presently serving.
      • Information to be provided within 30 days. 48 hours where life or liberty is involved. 35 days where request is given to Asst. PIO, 40 days where third party is involved and 45 days for human rights violation information from listed security/ intelligence agencies.
      • Time taken for calculation and intimation of fees excluded from the time frame.
      • No action on application for 30 days is a deemed refusal.
      • No fee for delayed response
      Rodney D. Ryder Scriboard
    • 19. The Act – “Apparatus, Functioning and Processes” [II]
      • Exempt information:
      • Where disclosure prejudicially affects the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
      • Release of which has been expressly forbidden by any court or tribunal or may be contempt of court;
      • Where disclosure would cause a breach of privilege of Parliament or Legislature;
      • Commercial confidence, trade secrets or intellectual property, where disclosure would harm competitive position , or available to a person in his fiduciary relationship, unless larger public interest so warrants ;
      • received in confidence from foreign government;
      Rodney D. Ryder Scriboard
    • 20. The Act – “Apparatus, Functioning and Processes” [III]
      • endangers life or physical safety or identifies confidential source of information or assistance
      • impedes the process of investigation or apprehension
      • cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
      • Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:
      • Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
      • personal information which would cause invasion of the privacy unless larger public interest justifies it.
      Rodney D. Ryder Scriboard
    • 21. The Act – “Apparatus, Functioning and Processes” [IV]
      • Infringes copyright, except of the state.
      • Where practicable, part of record can be released.
      • Intelligence and security agencies exempt – except for corruption and human rights violation charges
      • Third party information to be released after giving notice to third party
      • Most exempt information to be released after 20 years (except a, c and h above).
      • Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
      • Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions (a to i), a public authority may allow access to information, if public interests in disclosure outweighs the harm to the protected interests.
      Rodney D. Ryder Scriboard
    • 22. The Act – “Appeals”
      • Appeals
        • First appeal with senior in the department
        • Second appeal with Information Commission
        • Onus of proof on public authority [if refusing]
      • Envisages an independent Information Commission at the Central and State level, to be an appellate authority and to oversee the functioning of the act. Has various powers under the Act.
      • To be appointed by a committee of PM/CM, leader of opposition and one minister. To have the status of the Election Commission at the Centre and of election commissioner/chief secretary at the state.
      Rodney D. Ryder Scriboard
    • 23. The Act - Penalties
      • Penalties
        • imposable by Information Commission on PIO or officer asked to assist PIO
        • For unreasonable delay – Rs 250 per day up to Rs 25,000
        • For illegitimate refusal to accept application, malafide denial, knowingly providing false information, destruction of information, etc. – up to Rs. 25,000 fine
        • Recommendation for departmental action for persistent or serious violations
        • However, no criminal liability
      • Immunity for actions done in good faith (21).
      Rodney D. Ryder Scriboard
    • 24. The Act – “Universal Access”
      • Universal Access – especially to the Poor
        • Fee at a reasonable level – though quantum not specified. No fee for BPL.
        • Assistant Public Information Officers at sub-district levels to facilitate filing of applications/appeals
        • No need to specify reason for seeking information or other personal details
        • Provision to reduce oral requests into writing
        • Provision to provide all required assistance, including to sensorily disabled persons.
        • Information to be provided in local languages
        • Provision for damages
        • However, only for citizens
      Rodney D. Ryder Scriboard
    • 25. The Act – “Responsibilities of Public Authorities” [I]
      • Appointing PIOs/Asst. PIOs within 100 days of enactment (5(1)).
      • Maintaining, cataloguing, indexing, computerising and networking records (4(1)(a)).
      • Publishing within 120 days of enactment a whole set of information and updating it every year (4(1)(b)).
      • Publishing all relevant facts while formulating important policies or announcing the decisions which affect public (4(1)(c)).
      Rodney D. Ryder Scriboard
    • 26. The Act – “Responsibilities of Public Authorities” [II]
      • Providing reasons for its administrative or quasi judicial decisions to affected persons (4(1)(d)).
      • Providing information suo moto (4(2)).
      • Providing information to Information Commission (25(2)).
      • Raising awareness, educating and training (26(1))
      • Compiling in 18 months and updating regularly local language guide to information (26(2) (3)).
      Rodney D. Ryder Scriboard
    • 27. Case Law: Dinesh Trivedi v. Union of India (1997) 4 SCC 306
      • The Supreme Court of India was confronted with the issue whether background papers and investigatory reports which were referred to in Vohra Committee’s Report could be compelled to be made public.
      • The issue which was being examined was as to whether a report prepared depicting nexus between criminals and politicians, bureaucrats, media persons and some members of the judiciary should be made public or not. It was found that the full scale disclosure of supporting material would be against public interest.
      • “ In modern constitutional democracies, it is axiomatic that citizens have a right to know about the affairs of the Government which, having been elected by them, seeks to formulate sound policies of governance aimed at their welfare. However, like all other rights, even this right has recognized limitations; it is, by no means, absolute.”
      Rodney D. Ryder Scriboard
    • 28. “ Public Authorities” – Concerns and Doubts [FAQs] [I]
      • The quantum of applications – Will the sheer number of applications ‘overwhelm’ us?
      • Any Public Authority [as an illustration] already structures and disseminates information in a progressive suo moto manner through announcements, bulletins, circulars and periodic publications. Compliance in this regard should not be a hurdle.
      • Statistics: In Delhi, in almost 4 yrs about 7000 applications received in 120 Depts. Average of 1.2 per month per department. Highest no. (MCD) were 29 per month ( for 25 departments) – again about 1 per month per department. In Maharashtra about 15,000 in 3 years. [Source: Independent Study by the National Campaign for People’s Right to Information]
      Rodney D. Ryder Scriboard
    • 29. “ Public Authorities” – Concerns and Doubts [FAQs] [I]
      • Information will be misused [Only facts will be provided. The ability to misuse facts is limited unless there is misrepresentation].
      • Abuse through ‘blackmail’: It is important for the University to structure the dissemination of information; including appropriate presentation on the Internet and through other means. One can only be blackmailed if information is privileged.
      • ‘ Frivolous applications’: This has not been the experience, either nationally [or locally] or at the international level. Besides, there is a cost that would discourage frivolous applications.
      Rodney D. Ryder Scriboard
    • 30. “ Public Authorities” – Concerns and Doubts [FAQs] [II]
      • The context of the applications – persons should only be allowed to ask for information regarding themselves. In a democracy, every individual has a right to know how the government is functioning. Besides, as tax payers we have a right to know how our money is being spent. Besides, there has to be a reasonable limitation on the right to know.
      • The cost of implementation [Will it be costly?] – The implementation of the Act has to be viewed as a necessary cost in the national interest. Having said that, the Public Authority already structures and disseminates information in a progressive suo moto manner. Compliance in this regard should not be a hurdle.
      Rodney D. Ryder Scriboard
    • 31. Possible approaches to Data Protection Rodney D. Ryder Scriboard Data Protection Worldwide
    • 32. Data Protection legislation worldwide NONE PENDING IN PLACE EUD or ‘ADEQUATE’
      • AFGHANISTAN
      • ALBANIA
      • ALGERIA
      • AMERICAN SAMOA
      • ANDORRA
      • ANGOLA
      • ANGUILLA
      • ANTARCTICA
      • ANTIGUA AND BARBUDA
      • ARGENTINA
      • ARMENIA
      • ARUBA
      • AUSTRALIA
      • AUSTRIA
      • AZERBAIJAN
      • BAHAMAS
      • BAHRAIN
      • BANGLADESH
      • BARBADOS
      • BELARUS
      • BELGIUM
      • BELIZE
      • BENIN
      • BERMUDA
      • BHUTAN
      • BOLIVIA
      • BOSNIA AND HERZEGOVINA
      • BOTSWANA
      • BOUVET ISLAND
      • BRAZIL
      • BRITISH INDIAN OCEAN TERRITORY
      • BRUNEI DARUSSALAM
      • BULGARIA
      • BURKINA FASO
      • BURUNDI
      • CAMBODIA
      • CAMEROON
      • CANADA
      • CAPE VERDE
      • CAYMAN ISLANDS
      Rodney D. Ryder Scriboard CENTRAL AFRICAN REPUBLIC CHAD CHILE CHINA CHRISTMAS ISLAND COCOS (KEELING) ISLANDS COLOMBIA COMOROS CONGO COOK ISLANDS COSTA RICA COTE D'IVOIRE CROATIA CUBA CYPRUS CZECH REPUBLIC DENMARK DJIBOUTI DOMINICA DOMINICAN REPUBLIC EAST TIMOR ECUADOR EGYPT EL SALVADOR EQUATORIAL GUINEA ERITREA ESTONIA ETHIOPIA FALKLAND ISLANDS (MALVINAS) FAROE ISLANDS FIJI FINLAND FRANCE FRENCH GUIANA FRENCH POLYNESIA FRENCH SOUTHERN TERRITORIES GABON GAMBIA GEORGIA GERMANY GHANA GIBRALTAR GREECE GREENLAND GRENADA GUADELOUPE GUAM GUATEMALA GUINEA GUINEA-BISSAU GUYANA HAITI HEARD ISLAND AND MCDONALD ISLANDS HOLY SEE (VATICAN CITY STATE) HONDURAS HONG KONG HUNGARY ICELAND INDIA INDONESIA IRAN IRAQ IRELAND ISRAEL ITALY JAMAICA JAPAN JORDAN KAZAKSTAN KENYA KIRIBATI KUWAIT KYRGYZSTAN LAO PEOPLE'S DEMOCRATIC REPUBLIC LATVIA LEBANON LESOTHO LIBERIA LIBYAN ARAB JAMAHIRIYA LIECHTENSTEIN LITHUANIA OURG LUXEMBOURG MACAU MACEDONIA MADAGASCAR MALAWI MALAYSIA MALDIVES MALI MALTA MARSHALL ISLANDS MARTINIQUE MAURITANIA MAURITIUS MAYOTTE MEXICO MICRONESIA, FEDERATED STATES OF MOLDOVA, REPUBLIC OF MONACO MONGOLIA MONTSERRAT MOROCCO MOZAMBIQUE MYANMAR NAMIBIA NAURU NEPAL NETHERLANDS NETHERLANDS ANTILLES NEW CALEDONIA NEW ZEALAND NICARAGUA NIGER NIGERIA NIUE NORFOLK ISLAND NORTH KOREA NORTHERN MARIANA ISLANDS NORWAY OMAN PAKISTAN PALAU PALESTINIAN TERRITORY, OCCUPIED PANAMA PAPUA NEW GUINEA PARAGUAY PERU PHILIPPINES PITCAIRN POLAND PORTUGAL PUERTO RICO QATAR REUNION ROMANIA RUSSIAN FEDERATION RWANDA SAINT HELENA SAINT KITTS AND NEVIS SAINT LUCIA SAINT PIERRE AND MIQUELON SAINT VINCENT AND THE GRENADINES SAMOA SAN MARINO SAO TOME AND PRINCIPE SAUDI ARABIA SENEGAL SEYCHELLES SIERRA LEONE SINGAPORE SLOVAKIA SLOVENIA SOLOMON ISLANDS SOMALIA SOUTH AFRICA SOUTH GEORGIA SOUTH KOREA SPAIN SRI LANKA SUDAN SURINAME SVALBARD AND JAN MAYEN SWAZILAND SWEDEN SWITZERLAND SYRIAN ARAB REPUBLIC TAIWAN TAJIKISTAN TANZANIA, UNITED REPUBLIC OF THAILAND TOGO TOKELAU TONGA TONGA TRINIDAD AND TOBAGO TUNISIA TURKEY TURKMENISTAN TURKS AND CAICOS ISLANDS TUVALU UGANDA UKRAINE UNITED ARAB EMIRATES UNITED KINGDOM UNITED STATES (safe harbor) US MINOR OUTLYING ISLANDS URUGUAY UZBEKISTAN VANUATU VENEZUELA VIET NAM VIRGIN ISLANDS, BRITISH VIRGIN ISLANDS, U.S. WALLIS AND FUTUNA WESTERN SAHARA YEMEN YUGOSLAVIA ZAMBIA ZIMBABWE
    • 33. Industrialised Countries Legislation timeline Rodney D. Ryder Scriboard South Korea eCommerce Act In force January 1999 New Zealand Privacy Act In force 1 July 1993 United States (includes) CPP Act 1984 VPP Act 1988 COPP Act 1998 In force 21 April 2000 HIPA Act In force 14 April 2001 GLB Act In force 1 July 2001 ‘ General’ Act Under consideration Finland Personal DP Act In force 1 June 1999 Denmark Act on Processing f PD In force 1 July 2000 Luxembourg - Netherlands Law on Protection PD ct In force 1 Sep 2001 Greece Protection Processing In force 10 April 1997 Ireland - Eastern Europe Estonia (96) Poland (98) Solovak (98) Slovenia (99) Hungary (99) Czech (00) Latvia (00) Lithuania (00) Portugal Personal DP Act In force 27 October 1998 Spain Data Protection Act In force 13 January 2000 Canada PIP&ED Act Commenced 1 Jan 2001 United Kingdom Data Protection Act In force 1 March 2000 France - Australia Privacy Act In force 21 Dec 2001 Sweden Personal Data Act In force 24 October 1998 Belgium Data Protection Act In force 1 Sep 2001 Norway Personal D Reg Act In force 14 April 2000 Italy Data Protection Act In force 8 May 1997 Austria Data Protection Act In force 1 January 2000 Germany Data Protection Act In force 23 May 2001 Switzerland Data Protection Act In force 1 June 1999 Taiwan Computer Processed DP In force 11 August 1995 Hong Kong Personal Data (Privacy ) In force 20 Dec 1996 Mexico eCommerce Act In force 7 June 2000
    • 34. Possible approaches to Data Protection Rodney D. Ryder Scriboard Data Protection in Europe
    • 35. European Data Protection Directive Rodney D. Ryder Scriboard
      • Directive 95/46/EC of the European Commission
      • Now implemented in almost all Member States
      e.g. UK previously - UK Data Protection Act 1984 now - UK Data Protection Act 1998 (in force March 2000) (“DPA”)
    • 36. UK DPA 1998 - The Eight Principles Rodney D. Ryder Scriboard 1. Personal data must be processed fairly and lawfully 2. Personal data must be collected and used only for notified purposes. 3. Personal data must be adequate, relevant and not excessive. 4. Personal data must be accurate and, where necessary, kept up-to-date. 5. Personal data must only be retained for as long as is necessary to carry out the purposes for which it is collected. 6. Personal data must be processed in accordance with the rights of data subjects as set out under the 1998 Act.
    • 37. UK DPA 1998 - The Eight Principles Rodney D. Ryder Scriboard 7. Appropriate technical and organisational measures must be in place to protect against unauthorised access, amendment or loss of personal data. There must be a contractual obligation, in writing, upon any data processor to comply with the relevant legislation and to ensure that such measures have been put in place. 8. Personal information must not be transferred out of the European Economic Area ("EEA") unless the receiving country ensures "an adequate level of protection" for the rights and freedoms of the data subjects vis-à-vis the processing of personal data.
    • 38. Enforceability under the EC Directive
      • Enforceability is a key concept in the Directive
      • data subjects have rights enshrined in explicit rules rather than relying on abstract constitution or convention wording
      • individual data subjects can go to a person or authority empowered to act on their behalf, rather than going to court
      • a national agency enforces the rules
      Rodney D. Ryder Scriboard
    • 39. Possible approaches to Data Protection and the Right to Information Rodney D. Ryder Scriboard The Best Solution?
    • 40. Summary of possible Data Protection Models Rodney D. Ryder Scriboard
      • Comprehensive Laws governing collection, use and dissemination of personal data
      • Sectoral laws - piecemeal rules for particular industries, types of information or technologies - piecemeal protection
      • Self-regulation - e.g. Safe Harbor - mostly disappointing to date
      • Technological solutions - physical and logical security, encryption, etc - must be combined with legislative protections
    • 41. Any questions? Rodney D. Ryder Scriboard
    • 42. Rodney D. Ryder [email_address] Right to Information, Data Protection, Corporate Compliance: Practice Notes A presentation to the Institute of Chartered Accountants of India [ICAI] Technology, Intellectual Property, Media and Communications