In brief
Through Decree No. 780/2024, published in the Official Gazette on 2 September 2024 (“Decree“), Regulatory Decree No. 206/2017 and its subsequent modifications (“Regulatory Decree“) of Law on Access to Public Information No. 27275 (“Law“) have been amended.
In depth
The Decree introduces the following amendments to the Regulatory Decree of the Law, among others:
- The Decree delimits the scope of the definitions of (i) public information, which does not include private data or data that is not of public interest; and (ii) document, which is limited to any record generated, controlled or held within the framework of the state activity and excludes preparatory deliberations and working papers.
- The Decree regulates the formal requirements for information requests.
- As to the exceptions to provide the requested information within the framework of a request, the Decree clarifies that the confidential nature must be previously determined by a substantiated act of the competent authority and will be maintained for 10 years from its production.
- The Decree regulates the functions of those in charge of access to public information.
- The Decree regulates the platform for managing requests and responses, which must allow for the identification of the applicant, content and response.
According to the recitals, the Decree seeks to adjust the regulation of the Law to the practical experience of these seven years since its implementation, to facilitate citizens’ access to public information.
* Agustin Gastaldi, Paralegal at Baker McKenzie, also contributed to the creation of this alert.
