Privacy of personal information and social relevance of access

Juan Pablo Barrientos Hoyos v. Pia Salesian Society Inspectoría San Luis Beltrán of Medellín & another

Date:  03/03/2020

Judge-Rapporteur:  Carlos Libardo Bernal Pulido

Concurrence:  Diana Constanza Fajardo Rivera

Dissent:  Luis Guillermo Guerrero Pérez

Facts.  The plaintiff, as a journalist, filed two tutela actions: one against Pía Salesian Society Inspectoría San Luis Beltrán of Medellín and other against the Catholic Archdiocese of the same city.  He claimed that his right to information was violated by being unduly denied access to data about several priests belonging to said religious organizations. The data requested was linked to supposed activities involving sexual abuse of minors.  The purpose of the request was to ensure the accuracy of the information to be published in the media.

Issue:  Is personal information always private and should not be provided to the media?

Ruling and reasoning.  No, provided that due protection of other prevailing rights is required by disclosing such information.  The Court maintained that a balance must be made between the privacy of personal information and the need to allow access to it when intended by a journalist to properly do his/her job.  The social relevance of the topic must also be considered when weighing both rights.  It is also necessary to define what kind of information was to be released, i.e. completely reserved, private, or semi-private.  The Chamber then concluded that it was appropriate to guarantee access to the data requested by the journalist given the semi-private nature of the information requested, as well as the slight affectation that was implied by its disclosure, as opposed to the serious impairment to access to information if it was denied. 

As a result, the protection invoked is GRANTED.