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Volume 35 I 2018: Access to Public Information versus Protection of Personal Data

Band 35 I 2018: Access to Public Information versus Protection of Personal Data

Published by: Manfred Nowak / Fiona Steinert / Hannes Tretter

Author: Nataša Pirc Musar

Access to Public Information versus Protection of Personal Data - How to strike the right balance using a public interest test
Neuer Wissenschaftlicher Verlag, 2018

Nataša Pirc Musar admits that balancing human rights in collision is not an easy task; the same can be argued for freedom of information (FOI) and personal data protection (PDP). The conflicts between PDP and FOI are resolved on a daily basis in all EU countries: PDP on the basis of common legal foundations (Directive 95/46/EC and since May 25, 2018 General Data Protection regulation known as GDPR and Convention 108 of the CoE), and FOI on the basis of national Acts, which are lacking in only three EU countries. However, due to the different approaches of national FOIAs, international, generally accepted legal principles are not yet clear. Practice may be uniform within one country (although not necessarily so), but first level bodies (mostly parts of national administrations) are often not well-versed enough in the issue to apply constitutional law principles and a case-by-case approach. This book is offering some answers on how to strike the right balance between FOI and PDP, using a public interest test and some other balancing tests.

Find more information on the website of the publisher. The book is available in English only.