Privacy protection and the right to information: In search of a new balance

The tension between personal privacy and free access to information, which has come increasingly to the fore with the advance of information technology, requires a reconsideration of the values and interests involved. In this article, it is contended that privacy, as a constitutional right, is subject to changing norms as a result of the advent of the information society. In today's information society, citizens weigh the importance of protecting privacy against the advantages of free access to information. The criterion they use is a rational one: an evaluation of which option provides them with the most benefit. The protection of privacy is no longer an unconditional good. For state organizations to champion privacy at any cost is, therefore, out of step with this development. A new balance has to be established between the citizen's right to privacy and their right to know, taking into account a shift in values. In order to prevent, on the one hand, overzealous protection and, on the other, the abuse of information, it is necessary to set up a new power to carry out a monitoring function. © 2008 Pieter Kleve and Richard De Mulder.