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Journal articles on the topic 'Right to Information Act, 2005'

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Published: 18 May 2024

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1

Viswanathan, T. K. "The Right to Information Act, 2005 No. 22 of 2005." Indian Journal of Public Administration 52, no. 3 (July 2006): 658–83. http://dx.doi.org/10.1177/0019556120060327.

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2

Dalal, Rajbirsingh. "Right to Information Act, 2005: Expectations and Constraints." Indian Journal of Public Administration 55, no. 3 (July 2009): 649–59. http://dx.doi.org/10.1177/0019556120090322.

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3

Anil, Monga, and Akshat Mehta. "Right to Information Act, 2005: Key for Effective Implementation." Indian Journal of Public Administration 54, no. 2 (April 2008): 297–314. http://dx.doi.org/10.1177/0019556120080206.

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4

Ghuman, B. S., and Mohammad Sohail. "Right to Information Act, 2005 in India: A Decadal Experience." Indian Journal of Public Administration 63, no. 2 (June 2017): 228–51. http://dx.doi.org/10.1177/0019556117699737.

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Right to Information (RTI) Act emerged as a powerful instrument for taming corruption in the functioning of public authorities by promoting transparency and accountability. The Act has completed ten years but the challenges hindering the successful implementation of the Act are still looming large. The Act is slowly moving away from its goal owing to many factors, such as lack of awareness, improper maintenance of records, poor compliance to public disclosure of information mentioned under Section 4 of the Act, inconvenient fee depositing mechanism, lack of sustained training mechanism for employees, misuse of the Act, pendency of appeals before Information Commissions and lack of legislative measures for protection of whistleblowers. For making the Act a success, it is essential to conduct massive awareness campaigns for citizens, to maintain proper official records for facilitating provision of information under the Act, ensuring suo motu disclosure of information mentioned under Section 4 of the Act, use of information and communication technology in the implementation of the Act, making available convenient fee depositing options, conducting training programmes for officials involved in the implementation of the Act, and, finally, enacting a strong whistleblowers’ protection Act.
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5

Garg, Mukesh. "Right to Information Act 2005 vis-à-vis Good Governance." Public Affairs And Governance 1, no. 1 (2013): 29. http://dx.doi.org/10.5958/j.2321-2136.1.1.004.

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6

Siwach, Raj Kumar. "Implementing Right to Information Act, 2005: An Experience of Haryana." Indian Journal of Public Administration 55, no. 3 (July 2009): 702–10. http://dx.doi.org/10.1177/0019556120090326.

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7

Mirnalni, Meghna. "Right to Information Vis A Vis National Security." International Journal of Legal Developments & Allied Issues 09, no. 03 (2023): 98–107. http://dx.doi.org/10.55662/ijldai.2023.9301.

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RTI Act 2005 is the welfare legislation and one of the most progressive reforms in recent years, which enhance the ambit of Fundamental Rights available to citizens under Part III of the Indian Constitution. RTI Act is considered an advancement of the Right to freedom of speech and expression under Article 19(1)(a). Various judicial pronouncements held that Right under Article 19(1)(a) includes the Right to know where citizens can acquire information from public authorities. Democracy and RTI are interrelated, ensuring good governance, transparency, and government accountability towards its citizens. Previously Government was immune from answering its action. People electing democratic Government had no idea about policy matters, their progress, and implementation. That led to various instances of corruption, nepotism, and favouritism. Thus, the Right to know through RTI Act, 2005 is a tool in the hands of the citizens, which ensures “participatory democracy” and reasoned exercise of the Right to vote during elections. However, RTI Act is not absolute, and there are certain exceptions where the public cannot obtain information. A few instances are Sec 8 information disclosure, which relates to India’s sovereignty and integrity, etc. Sec 9, where information pertains to infringement of copyright subsisting in a person other than State, and Sec 24, which says the provisions of RTI Act will not apply to the intelligence and the security organizations. Nevertheless, RTI has played a vital role in empowering citizens and increasing their active role in meaningful democracy.
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8

Babu Chennupati, Divakara, Rajasekhara Mouly Potluri, and V. S. Mangnale. "India's Right to Information Act, 2005: a catalyst for good governance." International Journal of Law and Management 55, no. 4 (July 3, 2013): 295–303. http://dx.doi.org/10.1108/ijlma-06-2012-0008.

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9

., Raghwesh Pandey. "Right To Information Act 1986 : Historical Perspective, Its Objectives and Salient Features." Mind and Society 8, no. 01-02 (March 29, 2019): 42–48. http://dx.doi.org/10.56011/mind-mri-81-2-20197.

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In India, the Right to Information Act has been developed through various strands for almost the entire period of the country‘s independent history. Until 2005, an ordinary citizen had no access to information held by a public authority. In matters touching legal entitlements for services as food for work, wage employment, basic education and health care, it was not easy to seek the details of decision-making process that affected or injured the person. Without access to relevant information, it is not feasible for a common person to take part in a meaningful discussion on political and economic matters. The enactment of the Right to Information Act, 2005 is a milestone in the history of administration in India. The Right to Information Act, 2005 has brought responsibility and accountability to the development process in India. It is path breaking in controlling corruption and delays in the implementation of government-sponsored programmes and in the performance of public authorities. The act provides momentum for development process and remedy to fight corruption in public authorities. It is an important means for strengthening democracy, accelerating economic growth of the country.
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10

Singh, Harendra, Dr S. S. Chouhan Dr. S.S. Chouhan, and Dr Sonia Dutt Sharma. "Level of Awareness on the Right to Information Act, 2005 Among Beneficiaries in Selected Districts of Rajasthan." Indian Journal of Applied Research 2, no. 1 (October 1, 2011): 118–20. http://dx.doi.org/10.15373/2249555x/oct2012/42.

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11

Dalal, Rajbir Singh, and Jagjeet Singh. "Impact of Right to Information Act, 2005, On Good Governance: An Evaluation." Indian Journal of Public Administration 62, no. 4 (October 2016): 905–15. http://dx.doi.org/10.1177/0019556120160413.

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12

Mehdi, Haider. "Right to Information Act 2005: Its Uses and Abuses in Indian Context." Asian Man (The) - An International Journal 11, no. 1 (2017): 73. http://dx.doi.org/10.5958/0975-6884.2017.00011.1.

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13

Gopichand. "A critical legal analysis of right to information act, 2005 of India." VIDHIGYA: The Journal of Legal Awareness 16, no. 1and2 (2021): 14–17. http://dx.doi.org/10.5958/0974-4533.2021.00003.8.

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14

Jadhav, SanjayVasant. "Muse of Vishwa Darshan Compared with Right to Information Act, 2005 and Intellectual Property Rights Laws." Voice of Intellectual Man- An International Journal 7, no. 1 (2017): 155. http://dx.doi.org/10.5958/2319-4308.2017.00012.3.

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15

Iyer, R. C. "The Right to Information Act, 2005—A Few Legal Issues that Need Consideration." Indian Journal of Public Administration 55, no. 3 (July 2009): 364–73. http://dx.doi.org/10.1177/0019556120090304.

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16

Raj, Triranjan, and Sanjeev Kumar Sharma. "Right to Information Act 2005: A Critique with Governance and Administrative Reforms Perspective." Indian Journal of Public Administration 55, no. 3 (July 2009): 481–503. http://dx.doi.org/10.1177/0019556120090311.

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17

Stanić, Gordana Kovaček. "Serbian Family Law: Rights of the Child." International Journal of Children's Rights 17, no. 4 (2009): 585–609. http://dx.doi.org/10.1163/092755609x12513562300829.

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AbstractThis paper deals with the rights of the child primarily in Serbian family law. According to Serbian Family Act 2005 the child at a certain age acquires some specific rights. For instance, at the age of fifteen if the child is able to reason he has these rights: to change a personal name, to get the information on his/her origins, to decide with which parent he/she will live, on maintaining personal contact with the parent he/she does not live with, the right to give consent to medical procedures, to decide which secondary school he/she will attend. The child has the right to freely express his or her opinion if the child is capable of forming an opinion. When reaches ten years of age the child has the right to freely and directly express his/her opinion. The Family Act of Serbia 2005 has introduced a special court proceeding in disputes for the protection of the child's rights.
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18

Naveen, _______, and _____ Priti. "The Right to Information in India Implementation and Impact." International Research Journal of Management, IT & Social Sciences 2, no. 1 (January 1, 2015): 17. http://dx.doi.org/10.21744/irjmis.v2i1.55.

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The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.
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19

Mohapatra, Satyakam. "Right to information act, 2005 and privacy in public mental health sector in India." Asian Journal of Psychiatry 19 (February 2016): 23. http://dx.doi.org/10.1016/j.ajp.2015.11.011.

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20

Borpatragohain, R. C. "Safeguarding the Dignity of Women under the Criminal Law Amendment Act 2013-A Critical Analysis." Space and Culture, India 1, no. 2 (November 28, 2013): 44. http://dx.doi.org/10.20896/saci.v1i2.30.

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This viewpoint aims to analyse the Criminal Law Amendment Act 2013 from a legal perspective. In doing so, it discusses the statutory safeguards of rights to a dignified life of a woman by analysing the various existing laws, which have been significantly amended to build the Criminal Act, 2013. These laws are: Indian Penal Code (IPC) 1860; Indian Evidence Act 1872, Code of Criminal Procedure as amended in 1973, Immoral Trafficking Prevention Act 1956, Information Technology Act 2000, The Juvenile Justice (Care and Protection of Children) Act 2000, The Protection of Women from Domestic Violence Act 2005, The Protection of Children from Sexual Offences Act, 2012, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. In the conclusion, I urge that although efficient laws are in operation in India towards protecting the right to live with dignity of women, however, incidents of violence against women are on the rise. Hence, a concerted effort in bringing appropriate attitudinal change is the task ahead for all Indians.
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21

Kurnia, A. Cery, Reko Dwi Salfutra, and Syam Dwi Hanafiah. "Kepastian Hukum Hak Informasi: Problematika Konsumen dan Rahasia Dagang." PROGRESIF: Jurnal Hukum 16, no. 1 (June 22, 2022): 38–58. http://dx.doi.org/10.33019/progresif.v16i1.3000.

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This research is a juridical study of the information rights contained in teh Act Number 8 of 1999 of years and the Act Number 30 of 2020 of years. Within the regulatory framework regarding the right to information on a product, it is a legal issue that has caused a lot of polemic in the business sector. One side, consumers have the right to obtain correct, clear and honest information on any goods/services purchased, and the other side, business actors also have the right to close information on goods/services sold on the grounds that they are protected by trade secrets. This research was conducted using a normative juridical method with conceptual approach and normative approach. This research proved, that there is a conflict of norms regarding the regulation of information rights between The Act Number 30 of 2000 of years and the Act Number 8 of 1999 of years, so that the regulation of information rights does not bring a legal certainty. Therefore, it is necessary to synchronize the arranggement on the regulation of information rights between The Act Number 30 of 2000 of years and the Act Number 8 of 1999 of years.
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22

Kumar, Anand. "Nuances to the RTI Act: A Key to Good Governance." Journal of Legal Studies & Research 09, no. 02 (2023): 287–95. http://dx.doi.org/10.55662/jlsr.2023.9203.

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Right to Information is a fundamental human right of each individual. The renowned French scholar Michel Foucault stressed that, power is gotten from knowledge and information is the essential segment of information. Information makes men insightful and it is adequately able to adapt up to the cutting-edge world. Along these lines, it is the obligation of government to advice the citizens on the routine happening as to the public authorities are concerned. The RTI Act gave each citizen to option to realize what’s going on in the general public just as in administrative cycle. The change from administration to great administration is conceivable, if there is probability of expanding interest of individuals in administration and free access of information. By understanding this reality, Indian parliament has passed Right to information Act 2005 so that the government can be responsible, dependable, productive and straightforward in its approach towards administration. Transparency is a vital component of good administration just as an indication of valid and comprehensive majority rules system. In a democratic state every citizen resembles a stakeholder. They should reserve the right to realize what’s going on in the public authority. This paper attempts to feature the fundamental rules of RTI Act, the connection between Right to information Act and good administration and the issues pertaining to the smooth implementation of the RTI Act. An endeavour has likewise been made to make a particular examination on RTI enactment in India and the developed countries around the globe.
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23

Mishra, Prof Pratibha J. "Issues and Suggestions for the Implementation of the India’s Right to Information Act 2005 in Light of the Latin American Countries’ Experience." Indian Journal of Applied Research 3, no. 7 (October 1, 2011): 607–12. http://dx.doi.org/10.15373/2249555x/july2013/193.

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24

Beck, Luke. "Fair Enough? That National Security Information (Criminal and Civil Proceedings) Act 2004." Deakin Law Review 16, no. 2 (December 1, 2011): 405. http://dx.doi.org/10.21153/dlr2011vol16no2art108.

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The need to combat terrorism has resulted in a need for changes to the legal process to take account of the realities of national security. One important change has been the introduction of legislation to govern the disclosure of national security-sensitive information to participants in legal proceedings. This, of course, raises a number of issues including concerns about ensuring fairness to the participants. This article considers whether the National Security Information (Criminal and Civil Proceedings) Act 2004 is consistent with the right to a fair trial found in the International Covenant on Civil and Political Rights to which Australia is a party. The conclusion is that the legislation is consistent with that right.
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25

Singh, Pushpraj. "Fifteen Years of Right to Information Act in India: A Long Way to Go." Age of Human Rights Journal, no. 17 (December 17, 2021): 346–62. http://dx.doi.org/10.17561/tahrj.v17.6537.

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The passing & enactment of Right to Information Act, 2005 in India has been rightly considered as a milestone in the evolution of Indian Parliamentary Democracy which attempted to ensure transparency & good governance at the grass root levels by making the public authorities accountable & responsible. This Act liberated the harassed commoners who now had a very potent weapon to seek information which had hitherto remained suppressed in the dusty files of Babus (Bureaucrats) under the garb of official secrecy & confidentiality. However, in spite of many initial success stories over a period of time this Right to Information act has been losing its effectiveness & potency as it has failed to adopt the dynamism of complex Socio-Political realities. This paper attempts to give an overview & explain the history of RTI in India, its present status, limitations/drawbacks /challenges & and suggests some remedial measures to ensure its relevance in the rapidly transforming geo political context.
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26

Pallathadka, Harikumar, Laxmi Kirana Pallathadka, and Pushparaj. "A Quantitative Investigation of Experts' Opinions on Role of Right to Information (RTI) Act in Curbing Corruption." Integrated Journal for Research in Arts and Humanities 2, no. 6 (November 26, 2022): 151–57. http://dx.doi.org/10.55544/ijrah.2.6.20.

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The adequacy of the Right to Information (RTI) Act as an apparatus for battling defilement in India has been concentrated broadly. The RTI Act was declared in October 2005 to guarantee straightforwardness and excellent administration. In light of content examination and profundity interviews with a couple of civil servants and activists, the paper shows that the RTI Act has prevailed regarding decreasing data deviations and uncovering debasement. Local officials have become generally responsive and responsible to support since the declaration of the RTI Act. It has helped the citizens of India in fighting corruption and other such social evils to a great extent. People can now get information from any department they want without hassle or worries. Transparency and accountability are essential, especially in government departments, and RTI helps achieve just that. It has brought out many social issues causing trouble to the people.
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27

Norheim, Ole Frithjof. "Rights to Specialized Health Care in Norway: A Normative Perspective." Journal of Law, Medicine & Ethics 33, no. 4 (2005): 641–49. http://dx.doi.org/10.1111/j.1748-720x.2005.tb00532.x.

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Is it possible to use the courts - or rights instruments - to advance fair access to health care? This article examines this question within the context of the Norwegian public health care system - one special example of the Scandinavian welfare system. In particular, it asks four basic questions: What are the normative justifications for rights to health care? What were the political processes and concerns leading up to the current Patients Rights Act in Norway? What kind of legal status do these rights have? How can rights to access be implemented?Patient rights do not only concern the right to access to health care; they also include the right to information, the right to participate in decision-making, and informed consent. This article examines only the former aspect, the use of the legal system to secure access to prioritized specialized health care services.
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28

Devendra Dwarg. "RTI As A Machine to Fight Against Corruption and Effective Tool in Indian System." Legal Research Development 2, no. II (December 30, 2017): 01–03. http://dx.doi.org/10.53724/lrd/v2n2.02.

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This paper is an examination of the effectiveness of right to information Act 2005, RTI as a machine to fight against corruption and effective tool in Indian system. The RTI act was enforced on 12 October, 2005 to ensure good governance and transparency in India; Good governance has become a buzzword in development today. Fighting corruption, raising, accountability and promoting transparency are increasingly perceived as been indispensable to the nation of good governance the concept of good governance is getting popularity and is being used unsparingly in the international community to promote development, economic and social security and peace. There is realization that robust engagement with the civil society is at the heart of good governance and citizen participation has become a recurring theme because of the inherent impact policies can have on citizens – the ultimate beneficiaries. This research paper examines the different scholarly debates around good governance and did effectiveness. It drams parallels to similar study for good governance since corruption, lack of accountability and transparency have been often cited as impediments to governance.1 The right to information act (RTI) Based on content analysis and depth interviews with a few bureaucrats and activists the paper indicates that RTI act has succeeded in reducing information asymmetries and exposing corruption. Public servants have become relatively accountable and responsible to service.
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29

Osawe, Omosede A. "A comparative analysis of the right of access to information under the Nigerian Freedom of Information Act 2011 and the South African Promotion of Access to Information Act 2001." African Human Rights Law Journal 22, no. 2 (January 25, 2023): 1–17. http://dx.doi.org/10.17159/1996-2096/2022/v22n2a7.

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The right to information is a multi-faceted right that includes the right to express or disseminate, seek, receive and to impart information. This right of access to public information is crucial in order for citizens to be properly informed, as the greater part of public information is controlled by the state, formed, collected and processed using public resources, which makes it a public possession. Thus, the right not only is a requirement, but an inherent part of human existence. However, the efficacy of an access law is determined by the extent of access actually guaranteed without altering its form or content. This can be assured by adhering to the legal principles governing the right of access. This article adopts the doctrinal methodology in undertaking a comparative study of the Nigerian Freedom of Information Act (FOIA) and the South African Promotion of Access to Information Act (PAIA). The aim is to evaluate the strengths and weaknesses of both access laws, and the article finds that the PAIA is a more potent law in ensuring access to public information. Further, it canvasses that inspiration should be drawn from the robustness of the PAIA in a bid to strengthen the FOIA to guarantee full access to information. The analysis reveals that the PAIA contains more innovative provisions, such as restricted exemptions to access information, measures to promote the right of access and a broader scope of the right of access, which are essential for effective access to public information.
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30

Rahman, Md Aliur, Rahmat Ullah, and Sharif Adnan Asif. "‘Right to Information Act 2009’ to Tackle Corruption in Bangladesh: Citizens’ Perception." International Journal of Social, Political and Economic Research 9, no. 1 (April 9, 2022): 26–48. http://dx.doi.org/10.46291/ijospervol9iss1pp26-48.

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Bangladesh is a democratic country and to ensure democracy the presence of good governance is a must. One of the most colossal hinders in case of ensuring such governance is Corruption. Today in Bangladesh there is freakish corruption at all levels. The root factor behind corruption is secrecy. If we want to assure transparency, and accountability in government there is a need to crack the corruption by breaking the deep dark chain of secrecy. Right to Information Act, 2009 in that case is an effective weapon to fight against corruption as it creates an opportunity for citizens to cooperate with the officials and institutions to look over the activities of the government. This paper examines the effectiveness of the Right to Information Act, 2009 as a tool for combating corruption in Bangladesh and citizens' perception of this act. Content analysis, case study, and survey research method has been used in this paper. The respondents for the survey were categorized on the basis of registered citizens of two districts in Bangladesh. The results argue that the RTI act can be an effective weapon to battle against corruption in Bangladesh and ensure the right to information for every citizen can accumulate all the development demands. Citizens have also agreed that ratification of the RTI Act in Bangladesh is a bright sign which is dedicated to setting up transparency and accountability in the public and other institutions. It is also seen that there is still lacking cases of knowing the act among the citizens. They don’t know how to use the act properly.
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31

Willner, Paul. "The UK Mental Capacity Act and consent to research participation: asking the right question." Journal of Medical Ethics 44, no. 1 (August 5, 2017): 44–46. http://dx.doi.org/10.1136/medethics-2016-103996.

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This paper considers the meaning of the term ‘intrusive research’, as used in the UK Mental Capacity Act 2005 (MCA), in relation to studies in which an informant is asked to provide information about or on behalf of a person who lacks capacity to consent, and who is not otherwise involved in the study. The MCA defines ‘intrusive research’ as research that would legally require consent if it involved people with capacity. The relevant ethical principles are that consent should be sought from people who would be affected by a piece of research and that this requirement should be implemented proportionately. The critical question, for investigators and research ethics committees, is: would provision of the personal information specified in the research protocol significantly affect a person whose capacity is not impaired? If the answer to this question is ‘no’, then the study falls outside the definition of ‘intrusive research’, and the MCA does not apply.
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32

Samiul, Mohammad Samiul Islam, and Zayeda Sharmin PhD Swati. "The Upkeep of Human Rights and Social Justice: The Role of Right to Information Act 2009." Advances in Social Sciences Research Journal 7, no. 9 (September 10, 2020): 20–41. http://dx.doi.org/10.14738/assrj.79.8925.

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The study aim is to present how upkeep human rights and social justice in a society by the execution of RTI Act 2009. For this the study has focused on awareness of people about RTI, looking for government initiatives by which people learned about it, how eradicate corruption from the DC offices by the execution of RTI, and human rights and social justice endorsed by this law. This is a fundamental study in nature. Mixed approach has been followed. Both qualitative and quantitative data have been used in this study. Primary data collected by interview schedule with closed and open ended questions. Secondary data collected from the different published books, journal, articles and research report. The study findings are still inadequate for service providing and some of these are due to lack of information from officers and their support staffs, technological inefficiency as well as colonial legacy of civil servants etc. Mainly the study reveals that still the field administration has not become people oriented in respect of free flow of information so far. But both discussion of theoretical as well as field study proved that RTI law implementation and defending human rights and social justice have strong relationship at the local level. So the outcome of this study has proven that proper execution of RTI law can protects human rights and justice in the society.
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33

Ogden, David. "Immigration Law Information Sources – Databases and the Internet." Legal Information Management 4, no. 2 (May 2004): 105–10. http://dx.doi.org/10.1017/s1472669604001410.

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Before 1905 there were no immigration laws in the UK. The first system of appeals in immigration cases was introduced by the Immigration Appeals Act 1969. Since then it has been subject to numerous changes. A full right of appeal to an adjudicator in asylum cases was first created by the Asylum and Immigration Appeals Act 1993. Immigration law is governed by the Immigration Act 1971, with changes made by Immigration Acts in 1993, 1996, 1999, and most recently with the Nationality, Immigration and Asylum Act 2002.
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34

Mokta, Mamta, and Vivek Jyoti. "The Right to Information Act 2005 as a Potent Weapon in the Hands of Citizens: Present Status and Issues." Indian Journal of Public Administration 55, no. 3 (July 2009): 594–608. http://dx.doi.org/10.1177/0019556120090318.

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35

Agrawal, Vidhi, and Hari Nair. "From Jan Sunwai to Rajasthan Right to Hearing Act 2012: Fostering Transparency and Accountability through Citizen Engagement." Studies in Indian Politics 6, no. 2 (September 24, 2018): 282–96. http://dx.doi.org/10.1177/2321023018797537.

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This study examines the evolution of the movement for transparency towards redressing grievances and holding public servants accountable to the people. It explains how three legislations—Right to Information Act (RTI, India, 2005), Rajasthan Guaranteed Delivery of Public Services Act (RGDPS, 2011) and the Right to Hearing Act (RTH, Rajasthan, 2012)—form part of a continuum in the people’s struggle for transparency. The analysis of the three acts as a continuum is significant because together these are gradually changing the administration-centric Indian polity into a citizen-centric one. If the RTI Act ensured an informed citizenry, the RGDPS Act recognized the government’s duty to provide public services and the RTH Act guaranteed that the people were heard by the government. This right to hearing may be traced back to the Jan Sunwai, which was a pivotal forum in the struggle for transparency because it functioned as a dialogical space between the people and the state, as well as a forum for social auditing and civic engagement. Of late however, the Jan Sunwai is being transformed by digital technology. This transformation poses the challenge of converting a participatory polity alive with people’s voices into a transactional state regimented by technology.
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36

De la Harpe, SPLR. "Aantekeninge oor die Wet op Huurbehuising 50 van 1999." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 5, no. 1 (July 10, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2002/v5i1a2875.

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On 1 August 2000 the Rental Housing Act 50 of 1999 came into operation. This is a typical example of an act which attempts to, in conjunction with the private sector, provide for third generation fundamental rights. This note concentrates on the influence of the act on the contractual aspects of the rental agreement.Sections 4 and 5 have a direct influence on the relationship between the landlord and tenant. In particular matters like unfair discrimination and the right to privacy are addressed. Certain rights are afforded to third parties namely the members of the tenant’s household and bona fide visitors.Important aspects are inter alia the right to have the agreement reduced to writing and the provisions which are deemed to be contained in the agreement. This includes, amongst others, the right to receive receipts, certain information, payment of a deposit, interest on the deposit and the inspection of the property.The conclusion is made that the act is a welcome replacement of the Rent Control Act. There are however certain practicalities which could jeopardise the success of the act. It is unlikely that the provinces have the capacity to implement the act. The protection provided by the act to the lower income groups may not materialise as they often do not know their rights and would often rather suffer the bad living conditions than risking the possibility of loosing it altogether by complaining.
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Callaghan, Harriet, and Amy Illsley. "Everything you need to know about deprivation of liberty safeguards." British Journal of Hospital Medicine 81, no. 6 (June 2, 2020): 1–6. http://dx.doi.org/10.12968/hmed.2020.0071.

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Established as an amendment to the Mental Capacity Act 2005 , the deprivation of liberty safeguards were introduced to ensure that anyone who lacks capacity to consent to their care, and was being deprived of their liberty, has rights equivalent to those held under the Mental Health Act 1983 . These rights include someone to oversee any deprivation of liberty, the right of appeal and the guarantee of review of appeal in a timely manner. This article outlines how deprivation of liberty safeguards work, how a deprivation of liberty safeguards is applied for and obtained, what to discuss with the next of kin, and some special circumstances to consider. It also provides information about the criteria by which deprivation of liberty safeguards applications are assessed and the process by which this is done. This provides an overview for junior doctors working in secondary care, to increase their knowledge and confidence when patients require a deprivation of liberty safeguards application.
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Jha, Himanshu. "RTI As A Case Of Institutional Change." Jindal Journal of Public Policy 5, no. 1 (February 1, 2021): 21–26. http://dx.doi.org/10.54945/jjpp.v5i1.146.

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This paper examines the process of institutional change through the lenses of transformation in the ‘information regime’ in India by tracing the evolution of the Right to Information Act (RTIA) 2005. The case of the RTIA. What explains this move towards institutional change? Why did the state decide to turn the page and initiate an institutional change in the existing legal regime? The paper unravels this puzzle and captures the why and how of institutional change. It contributes conceptually to the emerging literature on institutional change and presents a nuanced perspective on the dominant narrative of the RTIA evolution
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Drobyazko, Volodymyr. "Protection of information on right management." Theory and Practice of Intellectual Property, no. 3 (June 19, 2023): 61–67. http://dx.doi.org/10.33731/32023.282182.

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The article examines copyright management information (CMI) at the international, regional and national levels.At the international level, the protection of CMI against its removal or modification is provided by Articles 12 of the WIPO Copyright Treaty and 19 of the WIPO Performances and Phonograms Treaty. Such information identifies the work, the author of the work, the assignee of any right in the work, the performer, the performer's performance, the producer of the phonogram, phonogram, the holder of any right in the work, performance or phonogram, or information about the terms of use of the work, performance or phonogram and any -what numbers or codes, in which such information is presented, when any ofthese elements is added to a copy of the work, recorded performance or phonogram or appears in connection with the notification or proof of the work, recorded performance or phonogram for public information.In the European Union, the protection of CMI is provided by the provisions of Article 7 Directive 2001/29/EU at the European Parliament at the Council at 22 May 2001 on the harmonization at certain aspects at copyright and related rights in the information society, which recommends that member states implement the national legislation of CMI protection standards.At the national level, a comprehensive approach to CMI protection has been applied in the USA and Germany.Chapter 12 was added to the US copyright law. Section 1202 contains the CMI provision, the first clause of which deals with false information, the second clause with the removal or distortion of said information. Section 1203 gives the court authority to award a range of equitable and monetary remedies similar to those provided under the Copyright Act. Paragraph 1204 determines the punishment in the form of a fine of up to 500 thousand US dollars and imprisonment for up to 5 years.Provisions regarding CMI protection (§95c) and remedies for infringed rights (§§108b, IIIa) have been added to the German Copyright and Related Rights Act.In Ukraine, CMI protection is possible in accordance with Article 52(4) of the Law on Copyright and Related Rights. Separate clarifications to the provisions of this Law regarding the protection of CMI are proposed.
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40

Jacobs, Wenette, Philip N. Stoop, and René Van Niekerk. "Fundamental Consumer Rights Under the Consumer Protection Act 68 of 2008: A Critical Overview and Analysis." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 3 (June 19, 2017): 301. http://dx.doi.org/10.17159/1727-3781/2010/v13i3a2692.

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South Africa was in need of a comprehensive framework of legislation, policies and government authorities to regulate consumer-supplier interaction. The Consumer Protection Act 68 of 2008, which was signed by the President of the Republic of South Africa on 29 April 2009 and published in the Government Gazette on 29 April 2009, now provides an extensive framework for consumer protection and aims to develop, enhance and protect the rights of consumers and to eliminate unethical suppliers and improper business practices. Certain areas of the common law regarding consumer rights have been codified by the Act and certain unfair business practices that were previously unregulated are now governed by the Act. The Act has a wide field of application. It applies to every transaction occurring within South Africa for the supply of goods or services or the promotion of goods or services and the goods or services themselves, unless the transaction is exempted from the application of the Act. The Act also specifically regulates aspects of franchise agreements. In terms of the Act, consumers obtain several new rights and some existing rights are broadened and reinforced. These rights are: the right to equality in the consumer market; privacy; choice; disclosure and information; fair and responsible marketing; fair and honest dealing; fair, just and reasonable terms and conditions; and fair value, good quality and safety. The last right in terms of the Act deals with a supplier's accountability to consumers. The authors critically analyse and discuss these rights. It is clear that the Act is written in favour of the consumer. Various provisions of the Act make inroads into the common-law position to strengthen the position of the consumer vis-à-vis the supplier and suppliers are undoubtedly facing an onerous task to prepare to comply, and eventually attempt to comply, with the Act. Although the Act has its own interpretation clause, which provides that it must be interpreted in a manner that gives effect to the purposes of the Act, the Act poses many uncertainties and interpretational and practical challenges. Many questions are therefore raised, some of which remain unanswered. These questions illustrate some of the uncertainties concerning the scope and possible interpretation of the fundamental consumer rights.
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Ramos, David Paul. "Perceptions of Students, Faculty and Administrative Staff on the Data Privacy Act: An Exploratory Study." JPAIR Multidisciplinary Research 38, no. 1 (October 8, 2019): 213–31. http://dx.doi.org/10.7719/jpair.v38i1.733.

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The Data Privacy Act of 2012 was enacted to “protect the fundamental human right of privacy of communication while ensuring a free flow of information to promote innovation and growth.” Data privacy pertains to the right of an individual not to disclose his or her information. Since privacy is a universal human right, it is the responsibility of the government to protect the rights of its people to privacy and provide measures to protect their data. Given that the Data Privacy Act’s implementation is a relatively recent development in the Philippines, little is known about the various stakeholders’ perceptions towards it. A qualitative study that utilized semi-structured interviews were conducted to explore selected students’, faculty member's, and administrative staffs’ perceptions of the Data Privacy Act. Non-probability, purposive sampling was used to recruit six respondents. An interview guide was developed to help in the facilitation of the interviews. Data were analyzed through the 6-step thematic analysis by Braun & Clarke (2006). Four themes emerged: 1) Limited awareness of the law, 2) Somewhat familiar with the purpose/ functions of the law, 3) Issues in the implementation of the law in the academe, and 4) Ambiguity in the necessity of the law. Recommendations to improve compliance with the Data Privacy Act, such as the designation of personal information controllers or data privacy officers (DPO) to ensure that security measures are in place to protect personal and sensitive information, were also discussed.
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42

Dhaka, Rajvir S. "The Information Commissions in India: A Jurisprudential Explication of Their Powers and Functions." Indian Journal of Public Administration 64, no. 4 (August 13, 2018): 703–16. http://dx.doi.org/10.1177/0019556118788481.

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The Right to Information (RTI) Act, 2005, provides for the Constitution of the State Information Commissions (SICs) and the Central Information Commission (CICs) for acting as the final appellate authorities. These Information Commissions have been entrusted with statutory powers while hearing complaints and appeals. These Commissions also enjoy the power to impose penalty and to recommend disciplinary action against the public information officers. Besides, there prevails large-scale confusion in them regarding the contents of Sections 18–20. This has culminated in adverse comments on their decisions by the Supreme Court (SC) and the High Courts (HC). An attempt is being made in this article to evaluate the functioning of these commissions and also about the interpretations given by various High Courts (HCs) and the Supreme Court (SC) about the Constitution, transaction of business and powers of the Information Commissions.
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43

Stoop, Philip N., and Chrizell Churr. "Unpacking the Right to Plain and Understandable Language in the Consumer Protection Act 68 of 2008." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 5 (May 17, 2017): 514. http://dx.doi.org/10.17159/1727-3781/2013/v16i5a2447.

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The Consumer Protection Act 68 of 2008 came into effect on 1 April 2011. The purpose of this Act is, among other things, to promote fairness, openness and respectable business practice between the suppliers of goods or services and the consumers of such good and services. In consumer protection legislation fairness is usually approached from two directions, namely substantive and procedural fairness. Measures aimed at procedural fairness address conduct during the bargaining process and generally aim at ensuring transparency. Transparency in relation to the terms of a contract relates to whether the terms of the contract terms accessible, in clear language, well-structured, and cross-referenced, with prominence being given to terms that are detrimental to the consumer or because they grant important rights. One measure in the Act aimed at addressing procedural fairness is the right to plain and understandable language. The consumer’s right to being given information in plain and understandable language, as it is expressed in section 22, is embedded under the umbrella right of information and disclosure in the Act. Section 22 requires that notices, documents or visual representations that are required in terms of the Act or other law are to be provided in plain and understandable language as well as in the prescribed form, where such a prescription exists. In the analysis of the concept “plain and understandable language” the following aspects are considered in this article: the development of plain language measures in Australia and the United Kingdom; the structure and purpose of section 22; the documents that must be in plain language; the definition of plain language; the use of official languages in consumer contracts; and plain language guidelines (based on the law of the states of Pennsylvania and Connecticut in the United States of America).
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44

Ajanović, Enver. "Pravo pristupa podacima u službenoj evidenciji / The Right to Access Official Records Data." Pregled: časopis za društvena pitanja / Periodical for social issues 62, no. 1 (July 6, 2021): 75–84. http://dx.doi.org/10.48052/19865244.2021.1.75.

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The BiH Parliamentary Assembly adopted the Law on Freedom of Access to Information in BiH in 2000 and amended it in 2006, 2009, 2011 and 2013. In the Law’s preamble, only Article IV paragraph 4 under item a) of the Constitution of BiH is determined as a formal legal basis. The preamble does not contain a substantive legal basis, as there is no clear explicit legal basis for this law in the BiH Constitution. An indirect legal basis is contained in the European Convention for the Protection of Human Rights and Fundamental Freedoms in the provision on freedom of expression, as this freedom includes the freedom to receive and impart information. Only the EU Charter of Fundamental Rights contains the true legal basis for this law. In accordance with the administrative work of performing other administrative and professional tasks and the purpose of this general legal act, it is necessary to change its name to the Law on the Right of Access to Data in Official Records.
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45

Siwach, Rajkumar. "Adjudicators of the RTI Regime: A Critical Analysis of the Performance of State Information Commission, Haryana." Indian Journal of Public Administration 64, no. 4 (August 1, 2018): 717–31. http://dx.doi.org/10.1177/0019556118785428.

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The Right to Information (RTI) Act, 2005, has ushered in a new era of transparent governance. It makes citizens more resourceful and powerful to expose to the public the maladministration in public authorities. But this task is challenging due to prevailing culture of secrecy and lackadaisical attitude of Central Public Information Officers/State Public Information Officers (CPIOs/SPIOs), who act as hubs to implement information regime. To regulate their duties, arrangement has been made to constitute Central Information Commission (CIC) and State Information Commissions (SICs). Their vigilant observation and fair outlook play a vital role in establishing corruption-free governance. This article examines the adjudicatory role of Haryana State Information Commission by selecting the data from 2005 to 2018 with regard to disposal of enquiries, complaints and appeals. After presenting the powers and functions of the State Commission, year-wise data are presented in tabular form to have a look at the performance of the commission in dealing with the RTI applications. Besides, a brief summary is also given presenting the number of delinquent SPIOs, who have not deposited the penalties imposed by the commission. It is a serious challenge before the commission. On this critical aspect, facts and arguments are discussed to assess the role of the full commission and individual commissioners in disposal of RTI matters. Due to lacklustre performance of the commission to ensure voluntary disclosure compliance and speedy disposals, the author feels concerned and opines that if these disquieting trends are not nipped in bud, then the commission may come to be perceived as a mere scarecrow.
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46

Bielinhio, V. "Administrative Procedure Act of the Republic of Estonia: Experience for Ukraine." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 110 (2019): 5–8. http://dx.doi.org/10.17721/1728-2195/2019/3.110-1.

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The article deals with the provisions of the Constitution of the Republic of Estonia which concern the cooperation of public administration with citizens and the protection of the citizens' rights. The comparison of the particular provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine is made. As a result of comparing the provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine, it is concluded that they are similar in terms of citizens' rights protection. In both Constitutions, citizens' rights are recognized and protected by the state, rights and freedoms may only be circumscribed in exceptional cases, citizens have the right to free access to the information held by public administration (access to which is not restricted). Special attention is given to Administrative Procedure Act of the Republic of Estonia, which was passed on 06 June 2001. The principles of the administrative procedure, enshrined in Administrative Procedure Act of the Republic of Estonia, are presented. They include the principle of human rights protection, the principle of legality, the principle of proportionality and separate group of principles – principles of good administration. The principles of good administration, which underlie the cooperation of public administration with citizens, are also highlighted. They include the right to be heard, the right to examine documents, the right to get explanations, the principle of accessibility and data protection, the right to representation, the principle of appeal. It is substantiated that the principles of administrative procedure, enshrined in Administrative Procedure Act of the Republic of Estonia, provide two important guarantees: 1) a guarantee for good and legal activity of public administration, 2) a guarantee for enforcement of person's rights and freedoms during issuing administrative acts or taking measures. The conclusion on the expediency for the systematization of the legislation on administrative procedure in a one normative legal act is made. On the basis of drawn conclusions, it is proposed to draft and adopt in Ukraine a unified normative legal act on administrative procedure (a law or a code), taking into consideration Estonia's experience in this matter.
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Korzeniewska - Lasota, Anna. "15 years of implementation of the Act on property left beyond the Bug River: An attempt to summarize." Nieruchomości@ I, no. I (March 31, 2021): 29–45. http://dx.doi.org/10.5604/01.3001.0014.7461.

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The Act on the Exercise of the Right to Compensation for Property Left Beyond the Current Borders of the Republic of Poland, adopted on 8 July 2005, was intended to complete the process of compensation for real properties left in the former eastern voivodeships of the interwar Republic of Poland. The implementation of the Act lasts for 15 years now and will probably not end before the year 2030. The article addresses the most important factors that have contributed to the prolongation of the compensation payment process, and thus the final settlement of the obligations resting upon Poland towards people who lived on the former Polish territories beyond the Bug River, known in the Polish language as “Zabużanie”. The analysis is based primarily on the information obtained from voivodes (who are the bodies of primary jurisdiction in the proceedings for confirmation of the right to compensation), the Ministry of the State Treasury and the Ministry of the Interior and Administration. An analysis of statement of reasons for the judgements has proven to be essential as well.
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GUPTA, JASWANT, and KAPIL GUPTA. "PSO WITH NEURAL NETWORK APPROACH FOR NETWORK SELECTION AND FAST DELIVERY HANDOVER ROUTE IN 5G." INTERNATIONAL RESEARCH JOURNAL OF ENGINEERING & APPLIED SCIENCES 9, no. 3 (September 30, 2021): 05–09. http://dx.doi.org/10.55083/irjeas.2021.v09i03002.

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As per regulation of Public Safety Standards of the Republic of India Transport Engineering regarding automotive vehicle brake lining material Part I and part II Specification and material and their range is made available under IS 2772 to the public under the provisions of the Bureau of Indian Standards Act of 1986 and the Right to Information Act of 2005. In order to promote public education and public safety, a better-informed citizenry, the rule of law. In this work rang and material for development of brake liner composition has been taken as per IS code 2472 applicable on automotive brake liner. Present paper investigate that the selection of brake friction materials is based on as per regulation of Public Safety Standards of the Republic of India code IS 2472.
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Loughrey, Joan. "Medical information, confidentiality and a child’s right to privacy." Legal Studies 23, no. 3 (September 2003): 510–35. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00224.x.

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Following the Gillick case in 1986, it was recognised that mature minors were owed a duty of confidentiality in respect of their medical information. Subsequent cases confirmed that the duty was also owed to non-competent children, including infants, but without explaining the basis for finding the existence of such a duty and its scope. It is particularly unclear when and upon what legal basis a doctor could disclose information to parents when their child wished to keep it confidential. This paper will examine the law of confidentiality as it applies to children, identifying issues which are problematic. Developments in the law of personal confidences which have taken place as a result of the Human Rights Act 1998, and the recognition of Article 8 rights as part of the law, will be reviewed and analysed from the perspective of the duty of confidence owed to children in respect of their medical information. Finally, the paper will offer an explanation of a basis for disclosure to parents which minimises violations of a minor's autonomy.
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Szádeczky, Tamás. "Governmental Regulation of Cybersecurity in the EU and Hungary after 2000." Academic and Applied Research in Military and Public 19, no. 1 (2020): 83–93. http://dx.doi.org/10.32565/aarms.2020.1.7.

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The term information security evolved to cybersecurity nowadays, which emphasises the interdependence of information assets and the importance of cyber-physical systems. Parallel to this, the need for appropriate management of the EU and government strategies and new public administration tasks also appeared. In the European Union, the first measure concerning this issue was the establishment of the European Union Agency for Network and Information Security (ENISA) in 2004, mostly with consultative tasks. The first official cybersecurity strategy in the EU, called the Open, Safe and Secure Cyberspace, was accepted in 2013. Afterwards, ENISA’s role has been strengthened as well as its range of tasks were broadened. Beside the critical infrastructure protection efforts, the Network Information Security (NIS) directive and related legislation were a giant leap towards a common level of cybersecurity in the community. The formation of an EU Cybersecurity Act and filling NIS with more practical guidance is an ongoing process nowadays. Despite being a post-socialist country, Hungary is in the first line of legislation on cybersecurity in the community. Since 2005 there were several government decrees, from 2009 the first act-level rules on the information security of some governmental services. Based on the National Security Strategy, the National Cybersecurity Strategy was formed in 2013. The same year the first information security act applicable to all government, local government, governmental data processing and critical infrastructure service providers has come into force. The alignment of the National Cybersecurity Strategy to NIS directive happens these days. Thus, the regulation of cybersecurity in the EU and in Hungary are heading in the right direction, but the practical implementation today is far away from the strategic objectives. The community is lagging far behind the United States of America and China, just to mention the most important players in the field.
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