Yksityisyyttä vai avoimuutta? Tietosuojan vaikutus julkisuusperiaatteeseen
Avainsanat:
julkisuuslaki, yleinen tietosuoja-asetus, julkisuusperiaate, henkilötieto, perusoikeudetAbstrakti
Privacy or openness? The impact of data protection on the right of access to information
The author discusses the impact the that the right to personal data protection has had on the Finnish principle of open government (right of access to information). Data protection legislation has been strongly developed by the European Union, while the principle of open government has a national constitutional pedigree. The two regimes appear to collide in many walks of life. The exact interpretation of their relationship is currently problematic. The author discusses the relevant norms so as to clarify the relationship, by way of analysing the purpose and scope of the principles in EU law and national legislation. In several cases, it becomes clear that the two principles need not be seen as mutually exclusive. Finally, the author suggests that the principle of open government, that is, the right of access to information, should be given priority, even though the data protection rules should be applied as well.
