FOI AND DATA PROTECTION Many rights advocates agree that FOI and the right to privacy are complementary. They both help ensure that governments are accountable to the people by reducing corruption and by promoting development through improved governance and public participation.³⁰ They also reflect fundamental democratic values like openness, transparency, and accountability, and constantly seek to balance the interests of individual citizens with those of the State. As fundamental rights, neither takes precedence over the other by default.³¹ In every situation where both are called on to apply, there should always be an effort to reconcile their interests. If this is not possible, attempts to minimize any negative impact that may result should be exhausted. This is particularly the case when the demand for information requires disclosing personal data held by government bodies. Given the massive amount of personal data held by governments, it is important that safeguards that prevent their unwarranted release exist and are properly enforced. At the same time, neither should a public officer be allowed to invoke the right to privacy as a shield against accountability. Balancing mechanisms may take the form similar to that adopted by the 1995 EU Data Protection Directive, which provides for three distinct (but not necessarily exclusive) methods: (1) by exempting specific acts from the application of the Directive; (2) by authorizing EU Member States to provide for exemptions in their respective domestic laws; and (3) by ameliorating applicable requirements.³² A common feature of FOI and data protection laws is the presence of a commission or body charged with their implementation.³³ In the case of FOI, the commission usually has the power to receive appeals and make determinations or recommendations regarding the release of information by other state agencies or offices. It is an integral cog in the balancing mechanism of the FOI system.³⁴ ³⁰ Banisar, D. (2010). Op. cit. ³¹ Draper, E. (2012). Secrecy, privacy and transparency: The balance between state responsibilities and human rights. Global Information Society Watch. www.giswatch.org/en/internet-and-corruption/secrecyprivacy-and-transparency-balance-between-stateresponsibilities-a ³² Maxeiner, J. (1995). Freedom of Information and the EU Data Protection Directive. Federal Communications Law Journal, Vol. 48(1). https://www.repository.law.indiana.edu/fclj/vol48/iss1/4 ³³ Banisar, D. (2011). Op. cit. ³⁴ Ibid. 5