BALANCING DISCLOSURE OF INFORMATION AND THE RIGHT TO RESPECT FOR PRIVATE LIFE IN EUROPE

摘要

The approach taken to date by the CJEU in the context of the tension arising between access and privacy has been disappointing in terms of its failure to apply a rights-based approach that is in accordance with the ECtHR treatment of the right to respect for private life in Article 8 ECHR. In particular, the CJEU has been overzealous in its interpretation of the requirements of Article 8 ECHR, to the detriment of disclosure of information.