The right to privacy versus the right of access to information

Abstract

Privacy is a far-reaching notion that infiltrates most areas of the law. In the first Chapter, I try to raise as many privacy concerns as possible to demonstrate the magnitude of this concept. Privacy is hard to define. We often speak of privacy but can hardly sum it up in a concise definition. I then move on to discuss privacy under data protection, focusing on the growing awareness of legal persons to be data protected. Different jurisdictions have approached this matter distinctively. Professional secrecy is my next topic, possibly the most traditional defender of confidential information. Then I treat the matter of intellectual property rights and privacy. This brings to light the argument of whether privacy is set to protect personal or property rights or both. This follows with an analysis of foreign freedom of information legislation. I believe that Malta should follow suit in this trend to transform the Government into a more transparent and accountable institution. Freedom of expression is also dealt with briefly, as it has strong ramifications over privacy concerns. Throughout the thesis I attempt to identify and highlight the manner in which all these different aspects of law relate and support each other or conflict together. I suggest that a comprehensive approach be applied to privacy law, encouraging different institutes of the law to interrelate more efficiently in the light of the growing importance of privacy and rights of access. The underlying spirit of this study is that a balance has to be sought at all times. Whether it is a tension between data protection and freedom of information, or freedom of expression and intellectual property rights, one is to balance the interests at stake and on the basis of this balance, determine the predominating interest.