Sunday, March 28, 2010

Your Rights Under the Law

Frequently Asked Questions About the Personal Privacy Protection Law

Is there a central source or one state agency that keeps all the information about me?
No. There is no databank or agency that collects or maintains all government information about an individual. If you believe that a state agency maintains records about you, you can request them from the records access officer or privacy compliance officer at the agency.

When I find the agency that has records on me, can I just ask for all the records? It depends. Like the Freedom of Information Law, the Personal Privacy Protection Law requires that an applicant reasonably describe the records sought. Therefore, a request should include sufficient detail (i.e., name, address, date of birth, identification number, descriptions of events or occurrences, etc.) to enable agency staff to locate and identify the records.

Can I obtain all records that the state has about me?
Not necessarily. While a person (or "data subject") requesting records about himself or herself generally has rights of access to those records, there are some exceptions. For instance, the Personal Privacy Protection Law does not give an individual rights of access to law enforcement records when disclosure would interfere with an investigation. Also, rights of access conferred by that law do not extend to records about inmates or parolees. They do apply to convicted sex offenders upon completion of their terms.

What if I obtain a record about myself and it contains inaccurate information? You have the right to ask for an amendment or correction of the record. If the agency disagrees with your contention, you can write a "statement of disagreement" that must accompany the record if it is disclosed.

Can one state agency get whatever records it wants about me from another state agency?
Probably not. The Personal Privacy Protection Law prohibits the disclosure of personal information without the consent of the data subject, unless an exception listed in the Law authorizes disclosure.

Can state agencies collect whatever information they want about me before I can receive a government service?
No. State agencies can collect personal information only to the extent that the information is needed for some legal purpose.