Congress Passed The New Regulation Of Access To Public Information

Author:Ms María Sol Porro
Profession:Moeller IP Advisors

On September 14, 2016, the 15-year dispute regarding public access finally ended. The Argentine Congress passed the New Regulation to Access to Public Information decree no. 1172/2003.

Now that the new law has entered into force, anyone is entitled to request and receive from the state complete, adequate, timely and accurate information. On the other hand, the government will have 15 days to provide the requested information, with the possibility to extend the deadline by 15 days, but only once. Among other issues, the law states that if no reply is received in a timely manner, the applicant may claim administrative or judicial instance.

The amended regulation forces the three Powers of Government, the Public Prosecutor, companies, political parties, universities and trade associations that receive public contributions, to respond to requests for information raised by any citizen within a period not exceeding one month.

Among the pluses that the above regulation grants, it is highlighted the simple process proposed and the limited scope of exceptions. In these regards, the law includes information classified as secret, confidential or secret for reasons of defense or foreign policy. Also, any information that could endanger the functioning of the financial system; trade secrets, commercial, financial...

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