New Law on Access to Public Information: Building Confidence in Public Institutions
Jan 17, 2015
New Law on Access to Public Information:
Building Confidence in Public Institutions
Transparency:
It refers to the dynamic flow of information of public interest that
allows stakeholders to make better decisions.
The act of the institutions must be transparent: access to
citizens, under public scrutiny.
Contributes to stable, efficient and fair markets.
Enables companies to better planning
Empowers citizens to ensure proper use of public funds.
Enables projects with better development designs
Helps identify deficient areas and best practices.
It facilitates the coordination between different public and cooperation from the private sector and civil society.
Importance for the economic and social development
4
The Three Main Areas of Law
ACCESS TO INFORMATIO
NRight of
everyone to request public
information
ACCESS TO INFORMATIO
NRight of
everyone to request public
information
INSTITUTIONAL DESIGN
Create institutions and procedures to ensure their effectiveness
INSTITUTIONAL DESIGN
Create institutions and procedures to ensure their effectiveness
TRANSPARENCY
Duty of state institutions to
publish information on its managment
TRANSPARENCY
Duty of state institutions to
publish information on its managment
TOP MAXIMU
M ADVERTIS
ING
What is it?
Those held by public bodies.
Regarding the use of public resources (still held by private authority).
In all types of documents, regardless of when it was made ..
It must be delivered as:
Complete Timely Truthful
Right of Access to Public Information
Public Information
Proactive
ReservedConfidential
Transparency: Proactive Information
Assigning and budget execution
Legal framework, procedures, services and requirements
Tenders and procurement
Grant programs and tax incentives
Statistics
Public Labor
Proactive Information• Mandatory
publication• Minimum
standard• Accessible by
multiple means
Limits on Access to Information
Classified Information
Public Interest
• Reserve must be justified: legal case and damage
• Deadline: 7 +5 years
• Reservation recods
Confidential Information
Public Interest
• Must be protected
• No deadline• Process for
change
Classified Information
Military secret plans(Art. 168 7º Cn.)
National defense and public safety
Diplonatic relations and negotiations
Any person’s life, health or safety
The deliberative process of public servants, pending a final decision.Prevention, investigation or prosecution of illegal acts.Strategies and state functions in judicial or administrative proceedings.Which can generate an undue advantage at the expense of another.
Confidential Information
The reference to the right to personal and family privacy, honor and reputation
The given as such by individuals to the required entities .
The professional secrets, commercial, industrial, fiscal, banking and trust.
ersonal data that require the consent of individuals for dissemination.
Principle of Maximum Disclosure
A guiding principle of the law in it’s maximum publicity (Art. 4) information held by public authorities are
unclassified, except as expressly provided by the law.
The law establishes the same prevalence (Art. 5) The Institution when in doubt about whether
information is public or subject to ONE of the exceptions, must enforce the criteria of advertising.
It also requires the officer to make a "harm test" to determine the information reserve.
Institute of Access to Public
Information
Institutional Design
Units of Access to Public Information
Information Officers
Appeal to ITAI
Procedures on how to access information
Procedures that guarantee access to information
Presented units of AIP. Orally or in writing Response within 10- 25
business days.
The reesolutions comes to: Deny access or lack of
reserve information. Incomplete, misleading or
inappropriate information Response within 21- 34
business days
Penalties
The ITAI imposes penalties depending on the seriouesness of the offense.
Are imposed on the public official with authority to make decisions.
The penality procedure action may be independent of access to information.
Infractions Penalties
Minor$ 224 – $
1792
Serious$ 2241 – $4033
Very serious
$4482 – $8964
Institute should develop technical guidelines for the management of the administrative records.
An institution should have an official file.
It promotes the use of technologies and adoption of international standards.
Records Management
Steps to follow
Force of law+ 30 days May 8, 2011
Regulation of commissioners election
+ 120 days September 5, 2011
Rule of law+ 120 days September 5, 2011
Appointment of information officers
+180 days November 4, 2011
Appointment of Commissioners+ 180 days November 4, 2011
Submit a request for information+ 365 days May 7, 2012
Publication of Proactive Information
+ 365 days May 7, 2012
File organization and operation+ 365 days May 7, 2012
One year of Vacatio Legis: preparation forimplementation
of the LTAIP
Evaluate the information produced by the Public Administration. Designate official information. Establish internal processes for managing
information. Develop criteria to implement reserves. Train officers and employees. Create units of information. Standardize file organization. Develop Proactive Information.
Where to start?
The different sectors of society should be involved in implementing the law: Learn to use the LAIP Monitor the compliance of the public entities. Participate in public affairs. Demanding respect towards the right of access to
information.
Proactive role of all sectors
Thank You.