Tensiones entre el acceso a la información pública y la protección de datos personales en la contratación pública con persona natural.

Abstract

This article is the product of a legal investigation that seeks to analyze the development of the right to data protection and access to public information within the framework of transparency in government procurement, in the form of service provision with a natural person. The investigation focused on the following sources of information: a. The legal norms b. The jurisprudence. c. The legal doctrine. d. Foreign doctrine and e. Foreign legislation. The research is developed through the characterization of access to public information and data protection in Colombia. Subsequently the research identifies the tension scenarios of personal data protection rules and access to public information, to finally highlight the tensions generated in the legal practice in the state contracting processes in the form of service provision with natural person. For these purposes, the analysis begins from the Political Constitution of 1991, which develops the right to information from two edges; as the right to the protection of personal data and as the right to access public information. The aforementioned rights deploy the duty of the Colombian State to guarantee privacy in the area of personal data and to make public information transparent. With the issuance in Colombia of Law 1712 of 2014 known as the Transparency Law, challenges for the administration are unleashed against the legal and constitutional guarantees that allow them to crystallize their actions, a duty that of course was not alien to government contracting and that for the present investigation affect the modality of rendering services with a natural person. Since different tensions are identified within the Colombian legal system, because on the one hand the personal information of the contractors that provide services to the state must be protected and on the other hand, access to public information must be guaranteed to those administrated who perform control. Under this premise there is evidence of the need to answer the question: How the right to access public information and the protection of personal data is developed under the modality of contract for the provision of services with a natural person in Colombia within the framework of transparency in government procurement? Fort the response, this article will develop the existence of tensions between the right to access public information and the protection of personal data and stablish guidelines to overcome them.