Balancing the Conflict between Right to Information and Right to Privacy under Sri Lankan Fundamental Rights Perspective

Abstract

Protecting the peace and human wellbeing of a particular society is the main purpose of existing a law. However, it is problematic to say exactly whether the real purpose of law can be achieved through the established law enforcement approaches like legislations, judgments, standing orders, circulars, regulations etc. Thus, to create a most effective legal system, finding an answer to that issue is very essential, because if the real purpose of law cannot be achieved properly from these approaches, other solutions should be found out to protect peace and human wellbeing of society. Human rights are the universally accepted rights which should be granted to each and every person to color-up their public and private lives. Right to information and right to privacy takes a vast attention nowadays though they make a continuous conflict with the development of the modern communication technology, because when right to information attempts to provide maximum public information to get an extensive knowledge on the public sphere, right to privacy attempts to conceal one’s personal information like family life, relationships, physical and mental integrity, etc. from others. It points out that both rights are very essential to properly arrange people’s public and private lives. Although Sri Lankan current legal system shows a satisfactory movement in protecting right to information, such a movement cannot be seen to protect people’s privacy rights. Sure enough, in spite of having vast numbers of black and white written laws, an effective practical enforcement of those laws also cannot be seen. Thus, enforcing the protection of both right to information and right to privacy effectively and striking a balance between these two conflicting rights to prevent overlapping is essential to establish the real purpose of existing a law in Sri Lanka.