Journal of the Spanish Institute for Strategic Studies Núm. 13 / 2019 Revista del Instituto Español de Estudios Estratégicos n.º 13 - Año: 2019 - Págs.: 307 a 328 328328 that the Autonomous Communities may develop the limits to the right of access to public information in their Autonomous legislation, even in the case of a base law. The limit which is the object of the study “Privacy and other legitimate private rights” is an example of this. Despite this not being included on the list of those cit-ed by the State legislator, some Autonomous Communities such as Catalonia (Law 19/2014, dated 29 December, on transparency, access to public information and good governance—Art. 21.1.f--) and the Charter Community of Navarre (Charter Law 11/2012, dated 21 June, on Transparency and Open Government—Article 23.1 f--) include it coherently, although with different nuances, in their regulations on the material. In this regard, basic legislation is not exempt from regulation on the subject. Pro-tection of the limit under analysis would stand perfectly included in Article 15 of the State base law (LTRAPIGG) relative to protection of personal data. According to the applicable text of its section “1. If the information requested should contain personal data revealing the ideology, union/labor affiliation/membership, religion or beliefs, access may only be granted in cases where consent, express and in writing, of the person affected is present, unless the said person had made public such data prior to the request for access. If the information should include personal data referring to racial origin, health or sexual life, include genetic or biometric data, or contain data relative to the commission of pe-nal or administrative infractions which did not carry with them a public warning to the guilty party, access may only be authorized in case of the existence of express consent from the affected party or if such were protected under a regulation with force of law. 2. As a general rule, and except where in the specific case, the protection of personal data or other Constitutionally protected rights should prevail over the public interest in release which should impede this, access shall be granted to information of mere identification related to the organization, functioning or public activity of the organ. 3. Should the information re-quested not contain specially protected data, the organ to which the request is directed shall grant access following sufficiently reasonable consideration of the public interest in release of the information and in the rights of those affected whose data appear in the requested information, in particular their fundamental right to the protection of data of a personal nature (…) The inclusion of the limit within Autonomic regulations on transparency cited above represent a certain denaturalization with respect to traditional judicial catego-ries employed by Constitutionalist dogma or that of Administration. Despite this, a holistic treatment of the limit may be given and integrated into the rights consecrated in Article 18 of the Spanish Constitution—the right to honor, personal and family privacy, to one’s own image, to the inviolability of the domicile and to secrecy of communication. In the first place, because “the right to privacy” forms part of the additional category of the “rights of personality”, cited in the Statement of Motives of Organic Law 1/1982, dated 5 May, on civil protection of the right to honor, personal and family privacy, and to one’s own image, and in second place, because the term “other legitimate private rights” is used from a broader concept to refer to “rights of the private sphere”.
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