@article{ART001575501},
author={Kim, Jung Ae},
title={A Study on the Disclosure and Exemption of the Personal Data},
journal={The Korean Journal of Archival Studies},
issn={1229-7941},
year={2011},
number={29},
pages={225-268}
TY - JOUR
AU - Kim, Jung Ae
TI - A Study on the Disclosure and Exemption of the Personal Data
JO - The Korean Journal of Archival Studies
PY - 2011
VL - null
IS - 29
PB - Korean Society Of Archival Studies
SP - 225
EP - 268
SN - 1229-7941
AB - The general public are interested in the politics and form public opinion and keep in check the government for true democracy. The general public have the right to be furnished information from the government. And the government should enact the Freedom of Information Act to provide the public’s right to know. At the same time, the government should enact the Data Protection Act to provide the public’s right to privacy. There is a friction between the Freedom of Information Act and the Data Protection Act. It's hard to maintain the proper balance between the Freedom of information Act and the Data Protection Act, but many countries try to do so.
The UK enacted the Data Protection Act 1998(DPA), which entered into force on 2000, to comply with EU Directive 1995. The Freedom of Information Act 2000(FOI), which came fully into force on 2005, was passed in 2000. The FOI imposes significant duties and responsibilities on public authorities to give access to the information they hold.
The purpose of this study is to consider the provisions of the personal data in FOI and DPA. Besides this, it identifies the complaint cases on public authorities about the disclosure and exemption of the personal data in comparison with the acts. If information is the personal data of the person making the request, it will disclose under the DPA. If information is the personal data of a third party, it will disclose under the FOI. These acts interact each other to make up for the weak points in the other to make a proper application of the act on public authorities.
This study may have any limitation in making a comparative study of the disclosure and exemption of the personal data in Korea. But it is expected to provide a basis for understanding the disclosure and exemption of the personal data in the UK.
KW - Right to know;Right to privacy;Freedom of Information Act of UK;Data Protection Act 1998
DO -
UR -
ER -
Kim, Jung Ae. (2011). A Study on the Disclosure and Exemption of the Personal Data. The Korean Journal of Archival Studies, 29, 225-268.
Kim, Jung Ae. 2011, "A Study on the Disclosure and Exemption of the Personal Data", The Korean Journal of Archival Studies, no.29, pp.225-268.
Kim, Jung Ae "A Study on the Disclosure and Exemption of the Personal Data" The Korean Journal of Archival Studies 29 pp.225-268 (2011) : 225.
Kim, Jung Ae. A Study on the Disclosure and Exemption of the Personal Data. 2011; 29 : 225-268.
Kim, Jung Ae. "A Study on the Disclosure and Exemption of the Personal Data" The Korean Journal of Archival Studies no.29(2011) : 225-268.
Kim, Jung Ae. A Study on the Disclosure and Exemption of the Personal Data. The Korean Journal of Archival Studies, 29, 225-268.
Kim, Jung Ae. A Study on the Disclosure and Exemption of the Personal Data. The Korean Journal of Archival Studies. 2011; 29 225-268.
Kim, Jung Ae. A Study on the Disclosure and Exemption of the Personal Data. 2011; 29 : 225-268.
Kim, Jung Ae. "A Study on the Disclosure and Exemption of the Personal Data" The Korean Journal of Archival Studies no.29(2011) : 225-268.