Transparency and Access to Information Law came into force on April 20, 2009 in Chile
Standing as a landmark in the relationship between Chilean citizens and the State, law number 20.285, referring to the transparency of the public body and their access to information, came into force on April 20th 2009.
As far as putting the law into practice by the public body, the law is composed of two fundamental parts: The Active Transparency and the Passive transparency. The first demands a more pro-active attitude on the part of the State, of which constitutes the publication of pertinent information regarding remunerations, third party contracts, votes and interventions with authority figures, among other material, made available on institutional web sites.
On the other hand, the principle of the Passive Transparency refers to when an individual or an institution requests information from a State authority; information which must be delivered on the part of the State. In case the information is withheld from the individual on the grounds that it has been reserved, the State must justify their decision to withhold the information. According to the new law, the State must stipulate the information within 20 working days.
A central element to the new ruling is the creation of the Transparency Council, the independent organ which must mediate and resolve cases in which a conflict occurs regarding the access to public information between the individuals whom request the information and the State. The Council, which is presided by the lawyer Juan Pablo Olmedo, will determine if the information is worthy of being "reserved" or withheld from the individual.
"This law represents a very significant step as far as the recognition of the citizen's rights, as well as the process of the Modernization of the State, to where not only does it contribute to the improvement of the mechanisms of social control, but also demands second generation reforms in materials regarding public management. The truth is, this law represents a true administrative revolution, and for that this 20th of April should be considered not the end, but the beginning of a process of continuous improvement that in the short term achieves the construction of a State that is truly at the service of its citizens," assured the executive director of Pro Acceso Moisés Sánchez.
During the processing of the new law in Congress, the Foundation Pro Acceso actively participated in the argument carried forth by parliament and organizations related to the issue. The representatives of the Foundation assisted in numerous occasions to present to parliament the international regulations of access to information and made various proposals, some of which were backed by those in charge of the project.
For more information about the new law, please go to the following link:
http://www.proacceso.cl/noticia/entra_en_vigor_ley_sobre_acceso_la_informaci_n_p_blica
