Right to Information vs. Right to Protect Personal Data: A Guidance from the Decisions of the USA & the European Court of Justice.

Abstract

Right to Information (RTI) and right to privacy (RTP) are two basic rights of people in a democratic country. Since personal data consists of a main element of privacy, the right not to disclose one's personal data to a third party is an essential part of the RTP. The citizens of Sri Lanka have had the right of obtaining information that is in the custody of public authorities since 2017 under the RTI Act. When deciding whether requested information will be disclosed or not, the public authority will have to consider the exceptions stipulated in the said Act, including the exception of privacy. However, with the enactment of the Personal Data Protection (PDP) Act in 2022 in Sri Lanka, it is crucial to consider the impact of the said Act on the RTI Act. Under the above context, this research explored the overlapping provisions of these two legislations and the decisions of the USA & the European Court of Justice in similar matters. This research study utilized the qualitative methodology where the researcher studied, analyzed, and synthesized a variety of materials gathered through primary and secondary sources to formulate a conclusion and come up with the study results. Finally, the research revealed that the PDP Act has put the additional liability on the public authorities when considering information requests under the RTI Act. Further, the research has identified some guidance from the decided cases of the USA & the European Court of Justice regarding overlapping provisions.