In any of the cases established in this article, the officials responsible for classifying the information are
the heads of the department or the officials named by the head.
After secret information has been classified for five years, any individual can request this information,
which will be released if the head of the respective department declares that this will not put the security
of the people involved, the territorial integrity or the existence of the democratic regime at risk. If the
request is denied, the head must explain in writing the reason(s) for retaining the information as classified
and the estimated duration of its retention. The same previous rules apply for requesting an extension for
the deadline of providing the information. The document declaring that the information will remain
classified shall be given to the Council of Ministers, who can declassify the information. The requested
document shall also be relayed to the ordinary commission mentioned in Article 36 of Law 27479 ten
days after its pronouncement. The procedures established in this paragraph do not prohibit Congress
from accessing the classified information at any time according to what Article 15-C of the present law
establishes.
Article 15A
Exemptions to the Law: Reserved Information
The right of Access to Public Information is not exercisable when the information is classified as reserved.
The following cases are related to this exemption:
1. Information whose declassification would endanger territorial integrity or the survival of the
democratic regime due to national security reasons regarding the internal realm. Consequently all
information that prevents and fights crime in the country is considered reserved only in the following
cases:
a. Plans of police and intelligence operations related to fighting terrorism, drug trafficking,
criminal organizations, as well as memos and other communiqués that refer to them.
b. Information that would jeopardize ongoing police investigations within the limits of the law,
including reward systems, effective collaboration, witness protection and the interception of
communications under the law.
c. Defense and security plans of police stations, penitentiaries, local premises and areas for the
protection of dignitaries as well as memos, communiqués and all information related to them.
d. The movement of personnel that could endanger the life and integrity of the people involved
or affect the integrity of citizens.
e. Arms and logistical material used for special operations and plans for the security and
defense of internal order.
2. For National Security reasons and for the efficiency and external actions of the state, all
information in the realm of external relations of the state shall be considered classified if its disclosure
would create a risk to the security and integrity of the territory and external national defense regarding
international negotiations and/or the survival of the democratic system. The exemptions are the following:
a. Elements of international negotiations that would damage the negotiation process or alter the
adopted agreements if revealed shall not be published, at least during the negotiation process.
b. Information that if released officially by the Foreign Relations Ministry would negatively affect
diplomatic relations with other countries.
c. Official information that refers to the external realm treatment of militarily classified information
according to the established Article 15 Section 1. a) of the present law.
For the cases mentioned in this article, the people responsible for classifying the information are the
heads of the corresponding department or the officials named by them. Once the cause for classification
disappears the classified information becomes available to the public.
Article 15B
Exemptions to the Law: Confidential Information
The right to access to information shall not include the following:
1. Information that contains advice, recommendations or opinions produced as part of
the deliberative or consulting process before the government makes a decision,
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