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.

1. New Law on Access to Public
Information:
Building Confidence in Public
Institutions

2. Transparency:
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.

3. Importance for the economic and social
development
Contributes to stable, efficient and fair markets.
Enables companies to better planning
Empowers citizens to ensure proper use of public funds.
Enables projects with better development designs
Helps identify deficient areas and best practices.
It facilitates the coordination between different public
and cooperation from the private sector and civil society.

4. The Three Main Areas of Law
TRANSPARENCY
Duty of state
institutions to
publish information
on its managment
INSTITUTIONAL
ACCESS TO
DESIGN
INFORMATION
TOP Create institutions
Right of everyone to
request public MAXIMUM and procedures to
ADVERTISIN ensure their
information 4
G effectiveness

5. 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

6. 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

7. 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

8. Classified Information
Military secret plans The deliberative process of
public servants, pending a
(Art. 168 7º Cn.) final decision.
National defense and Prevention, investigation or
public safety prosecution of illegal acts.
Diplonatic relations Strategies and state
functions in judicial or
and negotiations administrative proceedings.
Any person’s life, Which can generate an
undue advantage at the
health or safety expense of another.

9. Confidential Information
The reference to the
The professional secrets,
right to personal and
commercial, industrial,
family privacy, fiscal, banking and trust.
honor and reputation
The given as such by ersonal data that require
the consent of
individuals to the individuals for
required entities . dissemination.

10. 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.

11. Institutional Design
Institute of Access to
Public Information
Information Officers
Units of Access to Public Information

12. 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

13. Penalties
The ITAI imposes penalties
depending on the
seriouesness of the offense. Infractions Penalties
Are imposed on the public
official with authority to Minor $ 224 – $ 1792
make decisions.
The penality Serious $ 2241 – $4033
procedure action may be
independent of access to
information. Very serious $4482 – $8964

14. Records Management
Institute should develop technical guidelines for the
management of the administrative records.
An institution should have an official file.
It promotes the use of technologies and adoption
of international standards.

15. Steps to follow

16. One year of Vacatio Legis: preparation
forimplementation of the LTAIP
Force of law + 30 days May 8, 2011
Regulation of commissioners election + 120 days September 5, 2011
Rule of law + 120 days September 5, 2011
Appointment of information officers +180 days November 4, 2011
Appointment of Commissioners + 180 days November 4, 2011
Submit a request for information + 365 days May 7, 2012
+ 365 days
Publication of Proactive Information May 7, 2012
File organization and operation + 365 days May 7, 2012

17. Where to start?
Evaluate the information produced by the Public
Administration.
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.

18. Proactive role of all sectors
The different sectors of society should be involved
in 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.

19. Thank You.