The denial of information must be based on the exemptions mentioned in Article 15 of this law, and the
reasons for denial along with the period of time in which this information will remain closed must be
expressed in writing.
A request of information does not mean that the entities must create or produce information they do not
have or that they are not obliged to have at the time of the request. In this case, the entity must inform
the requestor that the requested information has been denied because it does not exist in the entity’s
possession. This law does not allow the requesters to demand an evaluation or analysis of the
information by the entity.
If the request is not fulfilled or if the entity’s response is ambiguous, it shall be assumed that the
information is tacitly denied.
Article 14
Responsibilities
Any public official responsible for giving information that arbitrarily obstructs the access of the solicitor to
the information requested or responds incompletely and hinders the following of this law will be held
accountable to Article 4 of the present law.
Article 15
Exemptions to the Law: Secret Information
Access to Public Information does not include access to information classified as secret for national
security reasons and whose disclosure could cause a threat to the territorial integrity and/or survival of the
democratic system, neither the intelligence and counter intelligence activities of the CNI under the
framework established by the Rule of Law situations that are expressed in this Law, according to article
163 of the Constitution of Peru whose fundamental goal is to guarantee the security of the people. As a
consequence the exemptions cover only the following cases:
1.
Information classified militarily, whether internally or externally:
a. Military Defense Plans against potential aggression from other states, logistics, reserves and
mobilization and special operations along with memos and internal communications that are
related to the aforementioned operations.
b. Intelligence and Counter Intelligence Plans and Operations
c. Technical and/or Scientific Developments relevant to National Security
d. Operational orders, logistics regarding military defense plans against potential aggression by
other States, internal and/or external irregular forces, support operations in behalf of the Peruvian
National Police, mobilization plans and special operations related to them.
e. Defense plans of military bases and other military installations.
f. Military material components, accessories, functions and locations whose descriptions could put
at risk: military defense plans against other states, internal and/or external irregular militarized
forces, operations of the Peruvian National Police, mobilization plans and special operations
related to them.
g. Information about military personnel involved in National Security activities that could endanger
the life and integrity of the people involved in the operations.
2. Information classified as internal or external intelligence:
a. Strategic and Intelligence Plans, and all information that could endanger their sources.
b. Reports that would damage Intelligence information if made public.
c. Official Intelligence Reports that if made public would negatively affect the exemptions
established in part Article 15-A of the present law.
d. Information related to materials and the enlistment of personnel.
e. Intelligence and Counter Intelligence Strategic plans and activities of the organisms that form the
National Intelligence System (SINA) and all the information that could put their sources at risk.
f. Information related to civil and military personnel that perform National Security activities that
could put the life and integrity of the persons involved at risk.
g. Intelligence information related to what is mentioned in part 1 of article 15.
4
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