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.
New Law on Access to Public Information:Building Confidence in Public Institutions
Transparency: It refers to the dynamic flow of information ofpublic interest that allows stakeholders to make better decisions. The act of the institutions must be transparent: access to citizens, under public scrutiny.
Importance for the economic and social developmentContributes to stable, efficient and fair markets.Enables companies to better planningEmpowers citizens to ensure proper use of public funds.Enables projects with better development designsHelps identify deficient areas and best practices.It facilitates the coordination between different publicand cooperation from the private sector and civil society.
The Three Main Areas of Law TRANSPARENCY Duty of state institutions to publish information on its managment INSTITUTIONAL ACCESS TO DESIGN INFORMATION TOP Create institutionsRight of everyone to request public MAXIMUM and procedures to ADVERTISIN ensure their information 4 G effectiveness
Right of Access to Public Information Proactive What is it? Those held by public bodies. Regarding the use of public resources (still held by private authority). Public In all types of documents, regardless Information of when it was made.. It must be delivered as:Confidential Reserved Complete Timely Truthful
Transparency: Proactive Information Assigning and budget execution Legal framework, procedures, services and requirements Proactive Tenders and procurement Information Grant programs and tax • Mandatory publication incentives • Minimum standard • Accessible by multiple Statistics means Public Labor
Limits on Access to Information Classified Information Confidential Information Public Interest Public Interest• Reserve must be justified: legal case • Must be protected and damage • No deadline• Deadline: 7 +5 years • Process for change• Reservation recods
Classified InformationMilitary secret plans The deliberative process of public servants, pending a(Art. 168 7º Cn.) final decision.National defense and Prevention, investigation orpublic safety prosecution of illegal acts.Diplonatic relations Strategies and state functions in judicial orand negotiations administrative proceedings.Any person’s life, Which can generate an undue advantage at thehealth or safety expense of another.
Confidential InformationThe reference to the The professional secrets,right to personal and commercial, industrial,family privacy, fiscal, banking and trust.honor and reputationThe given as such by ersonal data that require the consent ofindividuals to the individuals forrequired entities . 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.
Institutional Design Institute of Access to Public Information Information OfficersUnits of Access to Public Information
Procedures that guarantee access to information Presented units of AIP.Procedures on how to access Orally or in writing information Response within 10- 25 business days. The reesolutions comes to: Deny access or lack of reserve information. Appeal to ITAI Incomplete, misleading or inappropriate information Response within 21- 34 business days
PenaltiesThe ITAI imposes penaltiesdepending on theseriouesness of the offense. Infractions PenaltiesAre imposed on the publicofficial with authority to Minor $ 224 – $ 1792make decisions.The penality Serious $ 2241 – $4033procedure action may beindependent of access toinformation. Very serious $4482 – $8964
Records ManagementInstitute should develop technical guidelines for themanagement of the administrative records.An institution should have an official file.It promotes the use of technologies and adoptionof international standards.
One year of Vacatio Legis: preparation forimplementation of the LTAIPForce of law + 30 days May 8, 2011Regulation of commissioners election + 120 days September 5, 2011Rule of law + 120 days September 5, 2011Appointment of information officers +180 days November 4, 2011Appointment of Commissioners + 180 days November 4, 2011Submit a request for information + 365 days May 7, 2012 + 365 daysPublication of Proactive Information May 7, 2012File organization and operation + 365 days May 7, 2012
Where to start?Evaluate the information produced by the PublicAdministration.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.
Proactive role of all sectorsThe different sectors of society should be involvedin 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.