DATA PROTECTION AS BOUNDARY TO THE RIGHT TO ACCESS INFORMATION UNDER CHILEAN LAW
DOI:
https://doi.org/10.22370/rgp.2014.3.1.2295Keywords:
Right to Access Public Information, Protection of Private Data, Transparency, Administrative Law, ChileAbstract
On April 20, 2009, the Transparency Act entered into force in Chile, ensuring citizens the access to public information. Although the balance of this system is positive, it is important to analyse the heart of conflicts which arise when needing to reconcile legal interests and rights guarded by Chilean law, such as the protection of privacy and personal data. The paper analyses the status of the protection of personal data in the Chilean legal system. Firstly, it argues that the right to protection of personal data transcends the classical division between public and private scope, because in both fields it needs to be guarded. Secondly, the abstract seeks to contribute to the debate for the construction of performance standards for public organizations to enable reconciling transparency with the protection of personal data.
