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Personal Data in Public Information: Dark in the Private Sphere and Light in the Public Sphere

Vivian Newman Pont | March 17, 2015

This document explores the response of Colombian law and jurisprudence to the tensions between intimacy and the publicity of data.

 

In the public domain, light is required to enable us to exercise citizen control, to demand the guarantee of rights, to monitor public money, to monitor state functioning and, in general, to facilitate participation in the decisions that affect us. Private life, on the other hand, merits shadows for the flowering of autonomy, self-determination and freedom. Protection and secrecy in private life will allow us to develop and be unconcerned about the negative consequences of exposing our intrinsic intimacy to others, while transparency will enrich our ability to participate and intervene in matters of public importance .

In this document we explore the response of Colombian law and jurisprudence to the tensions between intimacy and the publicity of the data. We will do so from a first chapter on the revision of the existing legislation on publicity and protection of personal data, as well as its legal and jurisprudential conceptualization (I), and we will continue with a second chapter that analyzes the legislation and main decisions of the Constitutional Court that have applied this normative framework in practice to define implementation standards in certain hypotheses (II). Finally, we will draw some basic conclusions that we hope will be useful in the harmonization of this tension.


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