Privacy and the protection of personal data are two key concepts of good governance that are subject to several ambiguities in theory and practice, as well as constant balancing with other human rights to ensure the legitimacy and legality of their exercise. By researching the fields of protection of privacy and personal data in connection with the transparency of government through access to public information, I tried to determine the scope of the two fields and the boundaries between transparency on one hand and privacy on the other.
In my master's thesis, I analysed the challenges of privacy, personal data protection, transparency and collisions between them. I also analysed the guidelines for dealing therewith by analysing the professional and scientific literature and reviewing case law, complementary sources, case studies, and selected expert interviews.
The thesis’ contribution to science is demonstrated by using different research methods to present the above issues from different angles. Given their content and related procedures, they undoubtedly belong to the field of administrative law while also concerning the administrative system, information sciences, socio-political sciences, partly organization and management in administration. Such multidisciplinary approach importantly contributes to the analysis of the topic under consideration.
I conclude that the rights to privacy and personal data protection are neither absolute nor self-evident but must be constantly balanced, fought for, and carefully protected by the authorities while creating conditions for their effective enforcement, which has proven crucial especially at a time of rapid technological advances and during the pandemic. Undoubtedly, the European legal space, compared to others (for example, China), represents the gold standard of guaranteeing both rights and their proportional balance, which is crucial due to their importance and fragility. I find it important that both the authorities and individuals are fully aware of the two rights and their limits, scope, and enforcement mechanisms. Based on my research, I see in that area considerable room for improvement.