THE COMPETING RIGHTS OF PRIVACY AND ACCESS TO INFORMATION: DATA PRIVACY UNDER THE FREEDOM OF INFORMATION ACT 2011

Abstract

The rights to privacy and access to information are internationally recognized rights. Generally, no right can be absolute in nature as there are certain restrictions. Right to privacy and access to information are though complementary to each other, are also competing because the right to access public information is restricted by the need to protect privacy and personal information. The tension between privacy and access to information has always been existent. The conflict arises from the demand of personal information held by public or private bodies. Thus, the paper adopts the doctrinal methodology in exploring questions like what is personal information, to what extent should privacy be protected, what are the prerequisites for the release of personal information, is there a convergent point between the demand for personal information especially as regards public officials and the protection of privacy. Specifically, the paper analyses the protection of privacy under the Nigerian Freedom of Information Act, 2011 (FOIA) and finds that personal information cannot be released except with the consent of the person to whom the information relates. This position has arguably being abused especially by public officials who should be accountable to the citizens whom they are governing. Therefore, the paper recommends that the Act should clearly delineate privacy to ensure that only legitimate personal information are protected.