In writing only: email and e-filing

KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

When the holder of personal information wants to see it held by a public institution, how must the request reach that institution and what must it then produce?

General information · Not legal advice

Material to check

For this exercise, the papers to read are the application for access and the record of how it was delivered to the public institution, the institution's reply, and any notice setting out a reason for deferring access, to help assess the request and any deferral.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading keeps the two routes separate: where an information subject seeks access to their own personal information held by a public institution, they may ask either the public institution directly or, as provided by Presidential Decree, through the Personal Information Protection Commission, and the processor must then let the subject view the information within the period a Presidential Decree sets.

Another reading centres on the deferral: if there is a justified reason why access cannot be given within that period, the processor may postpone it, but only after telling the subject that reason, and once the reason disappears it must allow access without delay.

Your judgment

Once a notice of deferral has been served, what in the file would show whether the stated reason still exists and access should now be given?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to change the routes by which a request to a public institution may be made, or if a Presidential Decree sets a new period or procedure for access.

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