INTRODUCTION
Freedom of Information (FOI)—also referred
to as the right to information—is the
fundamental right of an individual to access
information under the control or custody of
the government. The United Nations (UN)
General Assembly considers it as an integral
part of the right of freedom of expression,¹
which is enshrined in Article 19 of the
Universal Declaration of Human Rights
(UDHR).² By its very nature, it sits at the core
of any democratic nation.
They complement each other given their
common purpose of promoting individual
rights and government accountability.⁴ In
the few instances that they do go directly
against one another, the key to a meaningful
resolution lies in the proper balancing of all
interests involved. Whenever possible,
meeting both their objectives without having
to sacrifice the cause of one must always be
the set goal.
Another advocacy that has grown in
significance and prominence in the last half
century is data protection (also referred to as
“data privacy” or “information privacy”),
which is a key aspect of the fundamental
right to privacy. As in the case of FOI, the
right to privacy is featured in the UDHR, as
well as in numerous international treaties,
national constitutions, and domestic laws.³
The nature of these two concepts make it
inevitable for them to overlap. This has led
some to adopt the view that they are
inherently contradictory, such that
upholding one necessarily entails discarding
the other. This is far from the truth. On the
contrary, the FOI and the right to privacy
should be viewed as making up “two sides of
the same coin”.
¹ unesco.org/new/en/communication-andinformation/freedom-of-expression/freedom-ofinformation/
² un.org/en/universal-declaration-human-rights/
Banisar, D. & Davies, S. Privacy and human rights: An
international survey of privacy laws and practice.
gilc.org/privacy/survey/intro.html
³ Banisar, D. (2011). The right to information and privacy:
balancing rights and managing conflicts. The
International Bank for Reconstruction and Development
and The World Bank.
⁴documents.worldbank.org/curated/en/8475414681880
48435/pdf/80740-Right-to-Information-and-Privacy-Box377336B-PUBLIC.pdf
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