El acceso a la información pública frente a la protección de los datos personales de los funcionarios públicos en perspectiva de los principios constitucionales en Colombia

Abstract

The right to information is closely linked to privacy, good name and protection of personal data, therefore, it is necessary to establish the strength of its light as legal guarantees when giving publicity and transparency to the acts of public entities, of course , without violating the rights of natural persons who enjoy protection within the framework of their rights to privacy. In this way, an analysis of the legal, regulatory and jurisprudential development must be carried out, which has advanced on each of the fundamental rights enshrined in the political constitution, which allows us to determine if there is conflict, collision or tension, and what mechanisms are going to allow operators or managers, make tight decisions, without violating one or the other right for the benefit of the other. The Political Constitution, in its article 15 determines the content corresponding to the right to privacy, such as the protection of personal data. On the other hand, the same Political Letter, in its articles 20, 23, 74 and 209 develops the content corresponding to the right of access to public information, as follows: After contrasting the mentioned norms it is evident that there are spaces of intersection that can be problematic, so this research is a space for reflection, which will clarify the dogmatic and legal nature of each of the constitutional principles; in order to weigh the application framework and the limits of its essential core, avoiding occupying spaces for the protection of other rights.