The right of access to public information is a human right recognised by international treaties with constitutional status (American Convention, International Covenant on Civil and Political Rights) and by Law 27.275 at the federal level, enacted in 2016. It allows any person to request information held by the national State, its decentralised bodies, public enterprises, trade unions, political parties and other obligated entities.
The right is broad (no legitimate interest need be shown), free of charge at the initial stage, and is exercised by filing a request with the relevant body within short response deadlines. When the body denies the request, fails to respond or provides incomplete information, the law provides for administrative review (Agency for Access to Public Information) and judicial review (via amparo) to ensure its effectiveness.
Article 7 of Law 27.275 lists the obligated entities: centralised and decentralised national public administration, the Legislature, the Judiciary (with limitations), the Public Prosecutor's Office, State enterprises and companies, concessionaires, public trusts, financial institutions, cooperative bodies, trade unions, political parties and other entities that receive public funds or subsidies. The provinces and CABA (Autonomous City of Buenos Aires) have their own access laws (CABA: Law 104).
The information covered includes administrative acts, contracts, financial statements, professional records, technical opinions, resolutions, statistical data and any document produced or held by the obligated entity by reason of its public function. Exceptions are exhaustively listed (article 8): classified information, tax or statistical secrecy, protected personal data, information affecting third-party rights, professional privilege, information of listed corporations, among others.
The request is filed with the body's public information office, without excessive formalities, identifying the applicant and specifying the information sought with reasonable precision. The response deadline is fifteen business days, extendable with justification for a further fifteen. Silence or unjustified denial enables a complaint to the Agency for Access to Public Information and, subsequently, an amparo action for undue delay or violation of the right of access.
We have obtained information on: administrative case files affecting the client; public contracts and procurement procedures; sector statistics and data; regulatory precedents to support legal actions; information on social benefits and entitlements. The tool is also valuable in investigative journalism, the defence of collective interests and transparency litigation.