• Argentina
• Ingles

Significant setback in the right to public information in Argentina: What the Executive’s Decree Changed.

The Executive Branch modified by decree the regulations of Law 27.275 on Access to Public Information, the main pillar of the regulatory framework for transparency at the national level. This new decree not only represents a setback in the right to access public information in Argentina, but it also undermines one of the fundamental principles of the open government paradigm, putting at risk the commitments that the country has made internationally in this area.

Additionally, the restrictions on access to public documents and the lack of active transparency hinder the proper accountability of public officials to the citizenry.

¿What does the new regulation change and why is it a setback?

• It limits the scope of the definition of public information by excluding data of a “private nature” that has been generated, obtained, or controlled by individuals or private legal entities. Also excluded are those that do not have what the decree vaguely calls a “compromised public interest.” It is essential to consider that among those obligated by the Access to Public Information Law are private companies with minority state participation; companies, unions, and other private entities that have received public funds; public service concessionaires and gambling operators.

• It limits the scope of the definition of public documents by excluding preparatory deliberations and working papers or the preliminary examination of a matter.

• It specifies the scope of information that can be denied for security reasons. This includes data that “can be used to identify a person’s routines, movements, and locations,” or when its public knowledge could “cause harm and damage.” The vagueness of this concept opens the door to discretion in its application.

• It specifies the requirements for making a public information request. In the case of legal entities, they must provide their corporate name, C.U.I.T. (tax identification number), representative identification, and a copy of the relevant power of attorney.

• It expands the discretion of those responsible for access to public information, by allowing them to assess whether the access request has been made under the principle of “good faith.” It is presumed that if the same person repeatedly insists on a request, they are not acting in good faith. When this principle is violated, the offense of “abuse of rights,” as established in Article 10 of the Civil and Commercial Code, may be invoked. In such cases, a judge may penalize the offender with, for example, the payment of damages.

• Discourages active transparency practices, by establishing that in response to information requests already available on websites, the request will be considered satisfied by simply referring to that page, only specifying that it is “subject to updates” if the information is not up to date.

In times when support for democracy is in decline, it is essential to expand rather than restrict the right to access public information. Only then can we build stronger and more representative institutions that meet the demands of the citizenry.

For this reason, we call on the Executive Branch to reconsider these modifications and to promote an open and pluralistic dialogue with civil society, specialists in the field, and other relevant actors, in order to ensure that any changes to the current regulations respect and strengthen the right to access public information in Argentina.