access to public information and personal data protection 1 table of ...

ACCESS TO PUBLIC INFORMATIONAND PERSONAL DATA PROTECTIONHuixquilucan (Mexico State), 4 th November 2005same time the personal data held by such government may not be disclosed tothird parties without the consent of the data subject.1. THE BALANCE OF RIGHTSA discussion of the right to access to information and the right to personal dataprotection obviously leads to a consideration of the limits on the exercise of theserights.One of the most complex aspects in the philosophy behind fundamental rights ishow to come to a reasonably fair solution in those cases where such rightsappear to conflict or collide. Perhaps the best way to find a solution in cases ofconflict is to seek a different viewpoint, which first entails acceptance that thefundamental rights – and the obligations to which they give rise – are amicablyinterrelated or correlated.We might say that the fundamental rights have points of contact between them,rather than conflicts per se. The key is to seek out interpretational approaches tobring them together, so that conflicts are not insurmountable and controversy,therefore, inevitable. Oppositional positions can lead inexorably to confrontationsthat can only be overcome by choosing one of the rights and ignoring the other.However, the principle of equality establishes that no rights shall be sacrificed forothers.Specifically within the scope of access to information and personal dataprotection, there are points of conflict that merit exhaustive study and anindividualised interpretation in each specific case.2. PROOF OF BALANCE OR PUBLIC INTERESTBoth the right to access public information and the right to personal dataprotection allow the establishment of certain limits, expressed in legal provisions10