second clause provides that: "The right under clause (1) may be subject to such restrictions as
may be prescribed by a law and necessary in a democratic society_
(a)
In the interests of defense, public safety, public order, public morality or public health;
(b)
For protecting the reputation, rights and freedoms or private lives of persons;
(c)
For preventing the disclosure of information received in confidence;
(d)
For maintaining the authority and independence of the courts or the National Assembly;
(e)
For regulating the technical administration, technical operation, or general efficiency of
telephones, telegraphy, posts, wireless broadcasting, television or other means of communication or
regulating public exhibitions or public entertainment;
(f)
For the imposition of restriction upon public officers".
The Constitution, in Article 28 regulates the right of access to official information:
Article 28.1: "The State recognises the right of access of every person to information relating to
that person and held by a public authority which is performing a governmental function and the right
to have the information rectified or otherwise amended, if inaccurate".
3: "The State undertakes to take appropriate measures to ensure that information
collected in respect of any person for a particular purpose is used only for that purpose except where a
law necessary in a democratic society or an order of a court authorises otherwise".
4: "The State recognises the right of access by the public to information held by a public
authority performing a governmental function subject to limitations […]"
Public service employees, medical patients are guarantee access to personal
information maintained on them. This information may be corrected or altered at the
request of the individual.
Each right and freedom is proclaimed, recognised and guaranteed, but, at the same
time, as we already said, each one is capable of limiting the other and being limited
by it. Indeed, freedom of expression may be openly hostile to the right to respect for
private life. A conflict of values lies within the tension between, the public's right to
be informed and the right to one's privacy or reputation. The way by which Article
28, regulates the right of access to official information, is another example of the said
balance.
The Constitution addresses potential conflicts, by establishing in clause 2 of this
Article, limitations to the right:
a) "for the protection of national security;