Right to information and protection of personal data in Ibero-American neo-constitutionalism

A principled approach to effective protection from the theory of human rights

Abstract

The right to information is part of one of the fundamental rights enshrined in the Universal Declaration of Human Rights. In the contemporary world, access to information is easier than ever in history, because in the information age it is possible to transmit voice, text and video data in real time. Despite the digital divide that persists in the Ibero-American region, it is possible to argue that it has been gradually closed in recent years. The digitization of social interaction, education, and both public and private services has become a tangible reality, with enormous economic, social and political repercussions. But also, personal data is like never before in history, exposed to be used for purposes other than the user's consent. In this article, we will seek to describe some of the possibilities and challenges of the right to information and the protection of personal data. Also, the way in which both rights must be protected by Ibero-American constitutionalism. The Mexican State has not been a pioneer in Latin America in the protection of personal data, much less are there guarantees that are effective enough to deter data traffickers who manipulate and trade with them every day. However, the first attempts have been made to try to move towards a more transparent regime, where the right of access to public information is a stepping stone to strengthen the much weakened democratic rule of law.