On August 30, 2024, Decree No. 780/2024 was published in the Official Gazette, introducing modifications to the regulation of Law No. 27.275 on Access to Public Information in Argentina. This decree clarifies the application of the law by refining key definitions, setting precise guidelines for information requests, and detailing the scope of exceptions where access may be restricted. Below, we outline the main updates:
Scope of Definitions (Article 3)
The decree regulates Article 3 of the Law, specifying the definitions of “Public Information” and “Document” to ensure clear understanding and consistent application:
- Public Information: The decree clarifies that data considered private, generated, obtained, transformed, controlled, or held by private individuals or entities, or information lacking a public interest, is not regarded as public information. This is particularly relevant when such data is unrelated to the management of entities obligated under Article 7 of Law No. 27.275.
- Document: Defined as any record generated, controlled, or held within the framework of state activities. However, preparatory deliberations, working papers, or preliminary examinations are explicitly excluded from being considered public documents.
Formal Requirements for Information Requests (Article 4)
Article 4 specifies the formal requirements for submitting information requests, limiting the data that can be requested from individuals and legal entities:
- For individuals: Only name, identification document, address, and email can be required.
- For legal entities: The business name, C.U.I.T. (tax ID number), and proof of representation (legalized power of attorney) of the authorized representative are required.
Exceptions (Article 8)
The updated regulation clarifies the circumstances under which obligated entities are exempted from providing information:
- Reserved, Confidential, or Secret Information (Section a): Classified status must be established by specific regulations beforehand. Unless otherwise stated, such classified information will remain in that state for 10 years.
- Financial Secrecy (Section b): Refers to the financial secrecy specifically covered under Articles 39 and 40 of Law No. 21.526.
- Commercially Valuable Information (Section d): This refers to information that is secret, holds commercial value due to its secrecy, and is subject to reasonable measures to maintain its confidentiality.
- Information from the Financial Information Unit (Section e): Exempted information includes data used by the Financial Information Unit in its security, supervisory, analytical, and international activities.
- Personal Data (Section i): The exception does not apply if the data subject consents to disclosure or if the data is directly related to public officials’ duties.
Competencies of the Access to Public Information Agency (Article 24)
The decree outlines the Agency’s obligations to log requests and responses, as well as compile statistics on repetitive or abusive requests. This aims to enhance the management and efficiency of public information handling.
Roles of Public Information Access Officers (Article 31)
Article 31 establishes the responsibilities of access officers, including classifying and grouping similar requests, and coordinating with the Access to Public Information Agency to address repetitive or bad faith requests.
Active Transparency (Article 32)
If the requested information is already published on an official website, the request is deemed fulfilled by directing the requester to the respective page. For periodically updated information, it must be indicated that the portal is subject to updates.
Contact us for expert legal advice on how these regulatory changes may affect your rights to access public information in Argentina. Our team at Legal Core Group is here to help you navigate the complexities of compliance with the latest regulations.