Revista de derecho (Valparaíso)
versão ISSN 0718-6851
COVARRUBIAS CUEVAS, Ignacio. The Flaws of the Public Interest Test as a Weighting Instrument Between the Access to Public Information and Private Life. Revista de Derecho de la Pontificia Universidad Católica de Valparaíso [online]. 2012, n.38, pp. 499-541. ISSN 0718-6851. doi: 10.4067/S0718-68512012000100012.
This work inquires into the origin and use of the public interest test by the Council for Transparency in relation to the weighing between the right of access to information and the right to private life from the standpoint of the internal coherence of the administrative jurisprudence of this Council and in relation to the principle of proportionality or with one of its demands when the right to privacy is at stake. Likewise, it highlights the omission incurred by the Council in applying the aforementioned test when facing “sensitive data”; consequently, it proposes strengthening the underlying constitutional and legal regulatory framework of the principle of divisibility, which does not have the flaws of the public interest test and is an instrument that allows meeting transparency in public administration (right of access to information) and full compliance of the core content of the fundamental rights (the “sensitive data”).
Palavras-chave : Transparency; Public interest test; Right to privacy.