Right to Know

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The right to know

The right to know

Parents who believe that they are kept in ignorance or deceived can feel stuck for years in intense irresolvable grief. Some regard any information as therapeutic, and silence as cruel. `We need information, however painful, to start the healing process.’ Their suffering suggests that there should be some research into the assumption that silence is a better professional policy than admitting difficulties and failures of care. Robert Powell’s parents rejected an offer of £80,000 compensation because they wanted to know the cause of his death. They have spent thousands of pounds on court cases, where doctors advised by their defence union refused to participate. Eventually they got to the House of Lords, where judges decided that parents have no right to know and doctors no legal duty to tell. When their case brought this interpretation of the law to light, two MPs raised the matter in Parliament, and their case led the General Medical Council to revise its guidelines. In cases of serious harm, doctors are advised, “You should act immediately to put matters rights, if that is possible. You should explain fully to the patient what has happened ... when appropriate you should offer an apology.” If a child has died “you must explain, to the best of your knowledge, the reasons for, and the circumstances of, the death to those with parental responsibility.”(4)
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Putting Notice to the Right to Know and Participate: Creating a Policy for the Montana University System Campuses

Putting Notice to the Right to Know and Participate: Creating a Policy for the Montana University System Campuses

maker on this issue, the faculty meeting is not required to allow public participation. However, absent an exception allowing the faculty to exclude members of the public from the meeting, the faculty meeting would still be required to abide by the open meeting laws and allow the public to observe deliberation on this issue. At the time the faculty met to approve the renam- ing of the law school, this author was both a law student and an elected voting member of the faculty committee. Citing confidentiality, this author was prohibited from attending the discussion and approval of the renaming. While this article does not analyze the privacy interests involved, which would potentially alter the final conclusion, the exclusion of a student, let alone a voting member of the faculty committee, violated the right to know. This illustrates the reason for each campus to adopt an open meeting and public participation policy, to prevent the public from being improperly ex- cluded from meetings of public bodies.
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The right to know one’s genetic origins and cross-border medically assisted reproduction

The right to know one’s genetic origins and cross-border medically assisted reproduction

Since children born following mitochondrial replace- ment would have DNA from 2 women, some have expressed concerns regarding the child ’ s right to know this technique was used and even the identity of the egg provider, who could be described as a ‘mitochondrial mother ’ . Arguments in favor of such a right to know highlight the fact that the role mitochondrial DNA (mtDNA) plays in development is still uncertain and that there may be “ a precautionary case for granting a right to know: just in case it turns out that mtDNA has a greater role biologically than we thought; or just in case it turns out that MT ‐ conceived children have a strong desire to know who their donor was ” [22]. I argue that in the absence of robust longitudinal data regarding the consequences of mitochondrial replacement, it is in the medical and psycho-social best interest of those con- ceived to have access to information regarding their mitochondria provider, as in the case of egg provision. However, even in the UK, where anonymous gamete do- nation is banned, the right to access information about the mitochondrial donor has not been acknowledged.
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The Right to Know. A Comparative Legal Survey of Access to Official Information in Different Countries

The Right to Know. A Comparative Legal Survey of Access to Official Information in Different Countries

The report of the Committee Biesheuvel included a template for a FOI law and emphasized „good and democratic governance‟ as motivation for creating a FOIA. Those terms were frequently mentioned in the Wet Openbaarheid van Bestuur (WOB) of 1978 71 and 1991 72 . However, the reaction of the government was foremost reserved. In her opinion, the Dutch government thought that the right to know can only exist if this would be in the interest of the understanding of the public of the practice of policy. Accessibility should be weighed against other to be respected and to be protected interests, like unity of policy, ministerial responsibility, efficiency of governance and protection of private life. Public access should be regarded as an effective instrument to improve better communication between State and society, and not as a goal in itself. Also the Raad van State (the Council of the State) was negative about the report and even denied a general right to information. 73
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Toxic ignorance and right-to-know in biomonitoring results communication: a survey of scientists and study participants

Toxic ignorance and right-to-know in biomonitoring results communication: a survey of scientists and study participants

Thus, the CBPR approach to reporting data assumes that results should be disseminated to participants not only to communicate health information, but also to address dis- parities in access to knowledge that traditionally charac- terize 'lay-expert' relationships [46]. The CBPR approach must be strategic, however, since this framework raises potential conflicts of community versus individual right- to-know: the broad dissemination of biomonitoring results can adversely affect communities under study, even if the rights and confidentiality of individual study participants are protected. Indeed, communities exposed to toxic contaminants with significant health risks, may be collectively or individually stigmatized. Individually, they may be denied jobs, health or life insurance if they are associated with an "at risk" population. Collectively, a community perceived as "contaminated" may be passed over for programs or benefits, face stereotyping that affects the quality of health care, or suffer lost real estate values or financial liability for remediation [47]. For example, as early news broke of elevated PCB levels in the community of Broughton Island in northern Canada, and before the full extent of contamination was understood to extend throughout the circumpolar region, Broughton Islanders were initially shunned as the "PCB people" with an adverse impact on the livelihood of the fishing commu- nity [[48], p. 108]. These potential pitfalls of report-back and right-to-know can be proactively addressed if researchers purposefully develop protocols and commu- nication strategies in partnership with study communities of a biomonitoring project [30,49]. Key to this process is a collective understanding about who represents the inter- ests of study communities and how their issues can be effectively deliberated and incorporated into protocol development.
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Food Labeling and the Consumer's Right to Know: Give the People What They Want

Food Labeling and the Consumer's Right to Know: Give the People What They Want

Under the current law, regulators need not, and generally do not, consider consumer interest as a factor in deciding what must go on a label. However, the consumer’’s right to know, which is rooted in the First Amendment, requires that this situation be rectified. Due to unfavorable jurisprudence in the courts of appeals, unsympathetic regulators, and Commerce Clause issues, consumer interest litigation is unlikely to rectify this problem. The best way to vindicate the consumer’’s right to know, therefore, is for Congress to amend the FDCA to require regulators to take into account the extent to which the labeling fails to reveal material facts that consumers reasonably desire to know.
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Billings Gazette v. City of Billings: Examining Montana's New Exception to the Public's Right to Know

Billings Gazette v. City of Billings: Examining Montana's New Exception to the Public's Right to Know

(driving under the influence with an expired license) was only tan- gentially related to her ability to perform her official duties, the Em- ployees’ misconduct actually rendered them incapable of performing their official duties while the misconduct occurred. The Jefferson Court concluded “information relating to an official’s ability to per- form public duties should not be withheld from public scrutiny” and favored the public’s right to know even though the Commissioner’s misconduct did not occur in the performance of her official public duties. 143 Here, the Court in Billings Gazette had even more reason
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The Public Right to Know: Government-Press Relations in South Korea and the Debate about Press Rooms

The Public Right to Know: Government-Press Relations in South Korea and the Debate about Press Rooms

Michael Breen, a British columnist in Korea, has pointed out that although the new policy was introduced in a rude way, one has to be careful when “the media themselves become a story” and when they own the means of production (JoongAng Ilbo, 18 June 2007). All sides of this conflict seem to have been working for the noble cause of improving the right to communicate, better journalism, and enhancing the public’s right to know. How- ever, the public was far from unified in their alignment with either side. According to a poll conducted by The Dong-A Ilbo (1 June 2007), over half of the respondents did not agree with the new press policy but over one third did agree, as they believed the new policy would improve what they perceived to be an old-fashioned press culture. Surpris- ingly, internet-based polls produced even more support for the reforms. In the website polls conducted by Naver, Korea’s leading internet portal site (5 September 2007), and the public service television company KBS (19 June 2007), the majority of respondents agreed with Roh’s policy. Perhaps this was because the average Internet-user in Korea is young, less conservative, and thus more likely to be pro-Roh, as well as more critical of the kind of traditional journalism practiced by the leading newspapers.
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Protecting the Public's Right to Know: The Debate over Privatization and Access to Government Information Under State Law

Protecting the Public's Right to Know: The Debate over Privatization and Access to Government Information Under State Law

207. See id.; see also Mooney v. Bd. of Trustees, 292 A.2d 395 (Pa. 1972). Mooney held that the legislature did not alter the status of a private university (Temple) by increasing state funding. See id. at 400-01. The university was not a state “agency” under the Inspec- tion and Copying Records Act because it did not meet the statutory requirement of being “a State or municipal authority or similar organization.” Id. at 398. The state had declared that Temple would remain a nonprofit corporation chartered for educational purposes and not a state agency. See id. at 400. Thus, there had been a legal determination that the uni- versity was private. Cf. Sapp Roofing Co. v. Sheet Metal Workers’ Int’l Ass’n Local 12, 713 A.2d 627 (Pa. 1998). The Pennsylvania Supreme Court held that a union could access wage information on a government contractor’s employees under the Right to Know Act because the records directly related to the expenditure of public funds to pay private employees, and they were part of the school district’s decision-making function. See id. at 629. Most importantly, they were required to be kept by the contractor under a specific statute, the Prevailing Wage Act. See id. at 630. Therefore, the union was empowered to access the re- cords by a specific statute.
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Pricing privacy – the right to know the value of your personal data

Pricing privacy – the right to know the value of your personal data

Research has shown that informing consumers about prices is a very effective way to increase attention of consumers while reading pre-contractual information papers and so to increase consumers’ awareness. 67 In the GDPR there are several provisions about the duty to inform data subjects. In particular, articles 13, 14 and 15 provide a list of pieces of information that should be given to data subjects in different situations. The data subject has the right to know (inter alia) the identity and the contact details of the controller, the purposes of the processing for which the personal data are intended, the categories of personal data concerned, the period for which the personal data will be stored, from which source the personal data originate, and if applicable, whether it came from publicly accessible sources, the existence of data subject’s rights, the existence of automated decision-making, including profiling and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. 68
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Emergency Planning and Community Right to Know: The Toxics Release Inventory

Emergency Planning and Community Right to Know: The Toxics Release Inventory

Emergency Planning and Community Right to Know The Toxics Release Inventory SMU Law Review Volume 47 | Issue 3 Article 6 1994 Emergency Planning and Community Right to Know The Toxics Release Inventor[.]

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The Right to Participate, the Right to Know, and Electronic Voting in Montana

The Right to Participate, the Right to Know, and Electronic Voting in Montana

If a Montana citizen successfully exercised his or her Right to Know to gain access to the source code and software on an elec- tronic voting machine, the private c[r]

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Rights in Collision: The Individual Right of Privacy and the Public Right To Know

Rights in Collision: The Individual Right of Privacy and the Public Right To Know

development of the right by the decisions of the Montana supreme court, the weight and scope accorded to the right by the supreme courts of those other states with [r]

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The Right to Participate and the Right to Know in Montana

The Right to Participate and the Right to Know in Montana

7 9 Deliberations of the Human Rights Commission are subject to the Open Meeting Law unless demands of individual privacy clearly exceed the merits of public disclos[r]

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Internationalizing the right to know : conceptualizations of access to information in human rights law

Internationalizing the right to know : conceptualizations of access to information in human rights law

I leave for future research the larger “meta questions” concerning the creation of new human rights. These questions include the underlying process of and means of creating new human rights (and whether access to government information is a human right as a matter of law) and arguments for and against a proliferation of new rights, as opposed to a core of well-entrenched and more widely-accepted ones. For the purpose of this investigation, I take as self-evident that human rights do exist and that new rights can be and are created within the context of the international legal community. See infra pp. 13-4 for a brief discussion of soft law. The following is a sampling of the variety of discussions related to these larger questions. C OMMITMENT AND C OMPLIANCE : T HE R OLE OF N ON -B INDING N ORMS IN THE I NTERNATIONAL L EGAL S YSTEM (Dinah Shelton ed., 2000); J OHN R AWLS , A T HEORY OF J USTICE (Belknap Press 2005, 1999) (1971); Philip Alston & Bruno Simma. The Sources of Human Rights Law: Custom, Jus Cogens, and General Principle, 12 A UST . Y.B. I NT ’ L L. 82 (1992); Arthus M. Weisburd, The Significance and Determination of Customary International Human Rights Law: The Effect of Treaties and Other Formal International Acts on the Customary Law of Human Right, 25 G A . J. I NT ’ L & C OMP . L. 99 (1995).
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The Rise of National Security Secrets

The Rise of National Security Secrets

365 (India) (“The concept of an open government is the direct emanation from the right to know which seems to be implicit in the right of free speech and expression guaranteed under Ar[r]

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Your Biobank, Your Doctor?: The right to full disclosure of population biobank findings

Your Biobank, Your Doctor?: The right to full disclosure of population biobank findings

C.2.2 Right to know medical record . As a patient, X has a statutory right to kn the health information kept by her treating physician in her medical record. That would include information about diagnosis, test results, prognosis, risks and treatment.54 According to X, this right should be extended to health information generated in the context of the Biobank for the following reasons. First, the Biobank has been established by and forms an integral part of a series of academic hospit From X’s perspective, the Biobank is an extension of the healthcare infrastructure. Second, X’s donations of blood and urine and physical examinations qualify as medical examinations. Third, the Biobank research on her samples and data is not an isolated and incidental affair, performed in a remote university lab. Rather, all measurements and findings have added to an integrated and comprehensive dataset that the Biobank ca
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PROMOTION OF LEGAL EDUCATION AND AWARENESS IN INDIA

PROMOTION OF LEGAL EDUCATION AND AWARENESS IN INDIA

Right to information has been recognized by almost every democratic country in the world and it is guaranteed in India under the Article 21 of the Constitution of India whichenshrines “right to life and a person liberty” are acompendious term which includes within themselves variety of right and attributes. Some of them are also found in article 19 and thus have two sources at the same time. In R.P Ltd v Indian express newspaper 18 the SC reads right to know in article 21. The SC held that right to know is a necessary ingredient of participatory democracy. In view of translational development when thedistanceis shrinking international communities are coming together for cooperation in thevarious sphere and they are moving toward the global preparative in various field including thehuman right,the expression liberty must receive an expanded meaning. The Supreme Court is thelimited mere absence of bodily restraint. It is wide enough to expand full range of right to hold a particular opinion and right to sustain and nurture that opinion Article 21 confer on all person a right to know which include right to receive information. The ambit and scope of article 21 are much wider as compared to article 19(1)(a).
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Incidental Findings of Nonparentage: A Case for Universal Nondisclosure

Incidental Findings of Nonparentage: A Case for Universal Nondisclosure

nonmaternity (such as ours described here), the IVF clinic has wronged the gestational mother and potentially the genetic mother by misidentifying the gametes. The weakness of the right-to- know argument is that it is not possible in IFNP to exercise this right in a way that guarantees the social parents an autonomous, informed decision to re- ceive or waive the information. In the conventional scenario of disclosing medical information, the patient or surrogate anticipates medical news and can prospectively waive the right to hear it, thereby protecting both the right to know and its correlate, the right not to know. In the case of IFNP, however, the parents or couple must fi rst be told that there is unsought in- formation that could be disclosed be- fore they can decide whether they would like to receive it. After the mo- ment when an incidental fi nding is mentioned, it has become too late for the individual to genuinely elect not to hear that there is an incidental fi nd- ing. 10 Having unveiled the prospect of
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Incidental Findings of Nonparentage: A Case for Universal Nondisclosure

Incidental Findings of Nonparentage: A Case for Universal Nondisclosure

nonmaternity (such as ours described here), the IVF clinic has wronged the gestational mother and potentially the genetic mother by misidentifying the gametes. The weakness of the right-to- know argument is that it is not possible in IFNP to exercise this right in a way that guarantees the social parents an autonomous, informed decision to re- ceive or waive the information. In the conventional scenario of disclosing medical information, the patient or surrogate anticipates medical news and can prospectively waive the right to hear it, thereby protecting both the right to know and its correlate, the right not to know. In the case of IFNP, however, the parents or couple must fi rst be told that there is unsought in- formation that could be disclosed be- fore they can decide whether they would like to receive it. After the mo- ment when an incidental fi nding is mentioned, it has become too late for the individual to genuinely elect not to hear that there is an incidental fi nd- ing. 10 Having unveiled the prospect of
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