Article 17
Applicable Costs
The individual(s) requesting the information shall solely bear the costs incurred to reproduce the required
information. The total amount must be expressed in the Rules of Administrative Procedures (Texto Unico
de Procedimientos Administrativos—TUPA) of each public entity. Any additional costs shall be
considered a restriction on the right guaranteed by this law and will be subject to the corresponding
sanctions.
Article 18
Preservation of Information
The state is responsible for creating and maintaining professional, public records to ensure that the right
to information can be exercised properly. The Public Administration cannot destroy the information it
possesses under any circumstance.
The Public Administrative entity must transfer all information under its control to the National Archive
following the deadlines stipulated by the Law. The National Archive may destroy information that does
not have public relevance as long as the act is according to the internal regulations of the National
Archive, and it comes after a reasonable time period during which the information is not requested.
Article 19
Annual Report to Congress
The Council of Ministers shall give an annual report to Congress in which they will detail the information
requests that were granted and denied.
Furthermore, the Council of Ministers must gather the aforementioned information from all public entities.
TITLE IV
TRANSPARENCY FOR THE MANAGEMENT OF PUBLIC FINANCES
Article 20
Purpose
Through the creation of mechanisms to access fiscal information, this title’s fundamental purpose is to
give maximum transparency to the management of public finances, so citizens can supervise the
management of public finances and to ensure accurate accounting for the finances. The present Title
uses the following terms:
a) Public Finance Information: Related to budget, financial and account
information of the Public Sector.
b) Consumption Tax: Refers to exemptions to the tax base, authorized gross
income deductions, fiscal credits deducted for taxes to be paid, tax rate
deductions and deferred taxes.
c) General Governor and Consolidated Public Sector: The definitions established
in Law Number 27245, the Law of Fiscal Prudence and Transparency shall be
used.
Article 21
Mechanisms for Publishing and Methodology
Information related to this norm can be published through the Public Administrative entities’ websites,
major local newspapers and other media according to the infrastructure of the municipality. Regulations
will establish the mechanisms to disperse the information in those places where the number of inhabitants
does not allow for publication through the media mentioned above.
The methodology and terms used in the elaboration of information shall be expressively published, in
order to allow an appropriate analysis of the information.
When the present norm establishes that the information should be released on a trimester cycle, this
information should be published within thirty days at the conclusion of the three-month period. For
comparative purposes information from the last two periods will be published as well.
7
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