Access to Public Information versus Protection of Personal Data
How to strike the right balance using a public interest test
Balancing conflicting human rights is not an easy task; the same applies to freedom of information (FOI) and protection of personal data (PDP). The conflicts between PDP and FOI are resolved on a daily basis in all EU countries: PDP on the basis of common legal bases (Directive 95/46 / EC and since 25 May 2018 Data Protection Regulation GDPR and Convention 108 of the CoE) and FOI on the basis of national laws, which are missing in only three EU countries. However, due to the different approaches of national FOIAs, international, generally accepted legal principles are not yet unambiguous. Practice may be consistent within a country (though not necessarily), but first-level bodies (mostly parts of national administrations) are often not well versed in applying constitutional principles and a case-by-case approach. This book offers some answers on how to find the right balance between FOI and PDP using a public interest test and some other balancing tests.