Regulation Of The Law Of Access To Public Information

Author:Canosa Abogados
Profession:Canosa Abogados
 
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The Executive Branch of Argentina issued Decree 206/2017 (the "Decree"), published in the Official Gazette on 28 March 2017, which partially regulated the implications of Law No. 27,275 of Access to Public Information (The "Law"), which was enacted in September 2016 (see http://canosa.com/en/se-sanciono-la-ley-de-acceso-la-informacion-publica/).

The Law sought to ensure access to public information on behalf of all citizens; Public Information being understood as all data contained in documents of any format that generate, obtain, control or defend the subjects bound by this Law.

This Decree clarifies that the Agency for Access to Public Information, created by the Law, will act under the Executive Office of the Cabinet and the Head of the Cabinet will be required to enact the remaining explanatory and complementary regulations to this Decree.

In its article 8, the Law outlines the cases in which the obligated subjects can refuse to provide the required information. The Decree makes some modifications and clarifications and the following should be mentioned:

The discreet, confidential or secret nature of classified information for reasons of defense, foreign policy or internal security must be provided by rules regulating the activity and through a legal act of the relevant authorities, prior to the request for information. The financial secrecy of articles 39 and 40 of the Law on Financial Institutions (passive transactions by commercial, investment, mortgage, financial companies, savings, home loans and credit unions, and the information received by the Central Bank in its functions related to passive transactions) It is understood as information whose disclosure is liable to impair competitiveness that is secret, has a commercial value because it is secret, and has been subject to measures to remain secret. Information held by the Financial Information Unit, which is exempt from the Law includes any information received...

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