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1: Complement and Conflict of Privacy and the Right to Information  

1: Complement and Conflict of Privacy and the Right to Information  

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Article
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The right to privacy and the right to information are both essential human rights in the modern information society. For the most part, these two rights complement each other in holding governments accountable to individuals. But there is a potential conflict between these rights when there is a demand for access to personal information held by gov...

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Citations

... As a result, studies in South Africa have not been looking at the contradicting value of the two rights in legislation, as well as how the conflicting values can be balanced and reconciled. However, there have been studies conducted elsewhere such as those by Whitman et al. (2001), a working paper by Banisar (2011) for the World Bank, as well as a presentation by Beamish (2017), to mention just a few, about 'protecting and balancing access and privacy rights'. Furthermore, in 2018, the student chapter of the Association of Canadian Archivists at the University of British Columbia presented its tenth annual international seminar and symposium on the issue of balancing access and privacy. ...
... There is a greater need for access to information for several reasons by individuals and civil society, including those with personal information. Requesters of information such as journalists, individuals and civil society would like to know why public bodies took certain decisions, while on the contrary, historians and academics seek information for research purposes (Banisar 2011). ...
... Even though access under the FOI is defined as a legal right, there are provisions where government organisations can, or must, withhold records or information (Kozak 2015), for example, frivolous or vexatious requests and published information; however, in instances like these, the entity should 'direct the requester to the published source'. The IAPP legislation is supposed to make provision 'for strict time limits for the processing and finalisation of requests' (Banisar 2011). Where a request is refused, such refusal should be accompanied by comprehensive written reasons. ...
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... Privacy research in HCI and related fields has a long tradition of conceptualizing privacy through theories and concepts involving contexts [76], norms [67], boundaries [80], or values [70], spanning from very broad and abstract definitions in philosophy [74], sociology [35], and anthropology [64] to narrower, pragmatic definitions such as in legal studies [82]. Large scale communication technologies (e.g., Facebook 1 , Twitter 2 ), surveillance technologies [108], public digital services [43], and data-driven decision making approaches [83] have spurred discussion in contesting modernist values of autonomy [49], freedom [112], rights [17], and boundaries between public and private spheres [76] -all of which contribute to a more nuanced understanding of privacy. The increasing importance of information technology in everyday life further complicates the perceptions of privacy and the research community has focused to reconceptualize privacy and formulate design policies accordingly. ...
... The right to access information is recognised at the national level through constitutional provisions and national laws and international instruments. It is stressed that the right of access to information held by government bodies provides that individuals have a basic human right to demand information held by government bodies (Banisar, 2011). The supreme law of Zimbabwe that is the Constitution of 2013 upholds this right on Section 62 (1) that stresses on access to information. ...
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... In Rajistan , India , this policy is used to make sure proper distribution of food among people. (Celland & Tillay 2001 AS CITEDIN Banisar , 2011) . It is used in non Government agencies as well.The study implies Democratic and Social Responsibility theory by Michael Laurence (2017) & Siebert,Peterson and Schramm (1949). ...
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... Deloney (2007) pointed to the result of studies that showed most adopted children as well as their birth parents wanted to have access to birth records while many US states limited such access to protect the privacy rights envisioned by law. Banisar (2011) has suggested that the right to privacy and the right to know may together help hold governments accountable to citizens, but the potential conUlict between them may lead to controversial situations where mechanisms are needed to reduce conUlict and balance the rights. Symons (2017) discussed the 2016 change in Australian law whereby donorconceived children were given the right to access information of anonymous donors, including their name, date of birth, ethnicity, physical characteristics and genetic conditions, even if the donor had requested anonymity. ...
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... While it is commonly claimed that the 'free flow' of data is of economic benefit, much of this benefit derives from the movement of mined insights rather than the transmission of individual records. Given that the push towards open data might, in at least some regards, be at tension with privacy [15], model trading might serve as a useful approach to balance trade-offs that emerge. ...
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... In our case, this illustrates that in the case of either attack M(B) might be considered personal data if dataset A is held by another entity. 5 Furthermore, while the data returned from model inversion attacks is quite easily construed as personal data, insofar as they resemble a training set or can be used to identify individuals, it might initially appear less clear that data obtained from membership inference-whether an individual was in a training dataset-could be. Personal data does not specify particular sensitive or private categories in the definition, instead using the phrase 'any information'. ...
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... 533 Similarly, different laws and jurisdictions around the globe adopt different definitions for the same term-e.g. for the term 'personal information' as used in data protection and Freedom of Information (FOI) law-achieving different levels of clarity and contents. 534 Definitional conflicts relating to such terms may also exist within the same jurisdiction; e.g. in the case of how the Irish define 'personal information' in their Data Protection Act (DPA) and FOI law. 535 ...
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Privacy, free expression and transparency It is widely agreed that human rights should apply as much online as offline, and that freedom of expression and privacy should be no exception. But there are particular complexities in the online environment. This publication explores these issues in the context of UNESCO's new approach to Internet issues. The approach was adopted by our 195 Member States in November 2015, and is based on the Outcome Document of an earlier conference called CONNECTing the Dots. Concretely, this means that UNESCO stands for the concept of " Internet Universality " and the related " ROAM principles " which refer to a Human-rights-based, Open and Accessible Internet that is governed by Multi-stakeholder participation. It is in this context that the current study was commissioned to address very specific rights and associated values. In the digital age, the challenge is to see how tensions between rights operate in relation to the Internet, and therefore in relation to the ROAM principles. The purpose of the current research was precisely to unpack some of these issues. In particular, it probes the complex interplay on the Internet between the right to freedom of expression (and information), transparency, and the right to privacy. The research explores the boundaries of these rights, and the various modalities of reconciling and aligning them. The study analyses the legal framework, current mechanisms for balancing rights, and specific issues, cases and trends. As revealed by the research, traditional laws and regulations for the protection of privacy and freedom of expression often do not deal with digital issues.
... 2. ( Sri Lankan View, 2016) 3. ( Sarvananthan, 2016) 4. 12. ( Banisar, 2011) Sabaragamuwa University Journal 2016, V. 15 NO. 1 pp 1-17 ...
... The Irish and U.K. information commissions have also ordered the release of parliamentary members' expense information, and all U.S. congressional expenditures are published biannually (Banisar 2011, 13). Some general principles regarding disclosure of personal information of public officials that have emerged can be summarized as follows (Banisar 2011): ...
... 14. Under international human rights law, the right to privacy and the RTI are equally weighted (see Banisar 2011). ...
... In India, RTI laws are regularly used by advocates for the poor to obtain records on distribution of food subsidies to show that individuals' names have been forged and records have been falsified, and to ensure the food subsidies are given to those entitled to receive them (Banisar 2011). This use of RTI laws has benefited individual recipients of food subsidies and, over time, as individual cases have been addressed, has resulted in improvements of the condition for a number of people (i.e., a second-degree outcome). ...