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Access to Private Information
ACCESS TO PRIVATE INFORMATION

Should we also have access to information that private bodies hold? And if so, which private bodies?

The reason why we say that people have the right of access to information held by public bodies is because it is our information, not theirs.

But does the same rationale apply to private bodies?

What kind of information might it be that people would need from private bodies to protect their own rights?

These might include:

• Information affecting health and safety at work

• Information about the environmental impact of a private company's activities

• Information about the financial health of a company, for example in wage negotiations

• Personal data held by a private company

The last one, personal data held by a private company, is particularly important. Some countries have specific laws to give people access to personal information that private companies hold about them. This is an important way of protecting their privacy.

When private companies carry out public functions they have the same freedom of information obligations as public bodies. This would happen, for example, when a public service was privatised.

Privatisation is such a widespread phenomenon today that this provision is extremely important. Many public services are put into private hands, such as health care, education, water supply and sanitation, refuse collection, prisons, air traffic control, security and so on.

These are all services that are vital to the everyday welfare of the community. The providers of these services must be held accountable - whoever they are.

The obligations on private bodies are likely to be different depending on whether they must give access to information in order to protect rights or because they are fulfilling a public function.

If it is because they are fulfilling a public function, their obligations will be just the same as for a public body.

If it is in order to protect rights, this will be an obligation that applies to all private bodies, such as companies. But it will be up to the person requesting the information to show that they need it in order to protect their own rights.