Application of Section 40 IP Act

Under section 40 of the IP Act, an individual has the right to apply for any document of an agency or Minister which contains their personal information, regardless of what other information the document contains or how little of their personal it holds.

They may not apply for any document that does not contain their personal information, regardless of their interest in it. Those applications must be made under the RTI Act.

Refer to Which Act applies?, Applications made under the wrong Act, and the section 12 annotation for guidance on applying this section.