II. The competent superior authority will resolve the complaint within a period of five (5)
business days from its presentation. If the complaint is considered founded, within the
maximum period of fifteen (15) business days, the information requested will be
provided.
ARTICLE 17 (RESPONSIBILITY).
I. The public servants in charge of the compliance and execution of this Supreme Decree
that incur in undue refusal, lack of response or illegal restriction in the attention of the
requests for information, regardless of the administrative and civil responsibility that
corresponds to them, will be liable criminal offense for breach of duties.
II. The higher administrative authority, known the fact, will file a complaint with the
Public Ministry for the corresponding criminal action. The petitioner affected in his right
may file a complaint with the same entity.
ARTICLE 18 (EXEMPTION OF SANCTIONS).
I. Compliance with the provisions of this Supreme Decree will not give rise to any type
of sanctions against the persons who provide the requested information.
II. No natural or legal person, public or private, entity or means of communication that
discloses the information obtained, may be subject to reprisals, administrative or judicial
actions for the disclosure of information, including that indicated in Article 7 of this
Supreme Decree and the Article 8 of this same rule when it is framed in the procedures
and deadlines established for this purpose.
ARTICLE 19 (PETITION OF HABEAS DATA).
I. Any person, in the administrative process, may request from the authority in charge of
the files or registries the updating, complementation, elimination or rectification of their
registered data by any physical, electronic, magnetic or computer means, relating to their
fundamental rights to the identity, privacy, image and privacy. In the same way, it may
request the competent superior authority to access the information in case of unjustified
refusal by the authority in charge of registration or public archiving.
II. The request for Habeas Data will be resolved within a maximum period of five (5)
business days. In case of unjustified refusal of access to information, the competent
hierarchical authority will additionally have a period of fifteen (15) business days to
provide the information requested.
III. The petition of Habeas Data does not replace or substitute the Constitutional Appeal
established in Article 23 of the Political Constitution of the State. The interested party
may go, alternatively, to the administrative channel without its exercise entails waiver or
loss of judicial means. Access to judicial channels will not be conditioned on the prior
use or exhaustion of this administrative procedure.
ARTICLE 20 (MEASURES OF IMPLEMENTATION).
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