Changes in access to public information

Decree No. 780/2024, published in the Official Gazette on August 30, 2024, introduces updates to the regulations under Law No. 27,275 on “Access to Public Information” to clarify its application.

Key Definitions (Article 3):
This decree specifies definitions of “Public Information” and “Document” under the law.

• Public Information: Excludes private data generated, obtained, or managed by private individuals or entities, or data without a public interest element, provided it falls outside the scope of the obligated parties under Article 7 of Law No. 27,275.
• Document: Refers to any record created, managed, or safeguarded in the course of state activities. Preliminary deliberations, draft documents, or initial reviews of a matter are not considered public documents.

Formal Requirements for Requests (Article 4):
The decree establishes that requests for information must include specific details: for individuals, the name, identification document, address, and email; and for legal entities, the business name, C.U.I.T. number, and representative’s authorization.

Exceptions (Article 8):
The regulation clarifies the circumstances under which obligated parties may be exempt from providing information:

• Classified Information (section a): Information classified as reserved, confidential, or secret must be defined by prior regulations and, unless otherwise specified, retains this classification for 10 years.
• Financial Secrecy (section b): Relates to the secrecy established under Articles 39 and 40 of Law No. 21,526.
• Commercially Valuable Information (section d): Encompasses information kept confidential that holds commercial value due to its secrecy, provided reasonable measures are taken to protect it.
• Information from the Financial Information Unit (section e): Exempts information used by this unit for its official activities.
• Information Containing Personal Data (section i): This exception does not apply if the data subject consents to the disclosure or if the data relates to the functions of public officials.

Powers of the Agency for Access to Public Information (Article 24):
The decree establishes the obligation to record requests and responses, as well as compile statistics on repetitive or abusive requests, to enhance the management of public information.

Roles of Public Information Access Officers (Article 31):
Defines the responsibilities of officers in classifying and organizing requests, and coordinating with the Agency for Access to Public Information to handle repetitive or bad-faith requests.

Proactive Transparency (Article 32):
Indicates that if the requested information is already published on an official website, the request is considered fulfilled by directing the requester to the site. If the information is periodically updated, it must be noted that the website is subject to changes.