The Fundamental right to Privacy in El Salvador: a doctrinal and jurisprudential approach and its conflict with other rights

Abstract

The origin of the right to privacy is located at the time when all freedom rights arise, a period in which human beings are concerned about their individuality. This concern to protect the interior was reflected in the first declarations of rights, typical of the Liberal Constitutionalism. However, at present the right to privacy ceases to be a mere freedom, and no longer only demands respect through abstention from others, but its owner has a more active role, seeking to have control of the information and that he does not want to be known, since that allows him to interact in society without compromising his private life. In this sense, it is relevant to know the concept of American privacy, its influence on Comparative Law and on the pronouncements of the European Court of Human Rights. Similarly, it is also useful to know how the Constitutional Chamber and the Institute for Access to Public Information of El Salvador had addressed the issue of interference with the right to privacy and the conflict with other fundamental rights.