penal and administrative responsibilities will be given to the secretary general of the institution or whoever
is in charge of the department.
State owned enterprises are also subject to the procedures established in this Law.
Article 9
Legal Entities from the Private Sector that Offer Public Services
Legal Entities from the private sector, as described in Article 1, clause 8 of the Preliminary Title of Law
27444, but who offer public services or who are responsible for any administrative duties in the public
sector are obliged to inform about the characteristics, costs and administrative functions of the public
services they perform.
Article 10
Access to Public Information
Public Administrative entities are obliged to release the information requested whether it is written
documents, photographs, recordings, magnetic or digital devices or any other format, as long as this
information was created and obtained by the entity and is under its possession or control.
Moreover, by the effects of this law, every type of documentation financed by the public budget based on
decisions of an administrative nature is considered public information, including records of official
meetings.
Article 11
Procedures
The access to public information is subject to the following procedures:
a. All requests for information shall be directed to the official named by the Public Administrative
entity to perform this task. In the case that no official was designated, the request would be
directed to the official that has the relevant information or to his immediate superior.
b. The Public Administrative entity to which the request was made shall respond within seven
business days, a deadline that can be extended to five additional business days for exceptional
cases when the requested information is unusually difficult to gather. In this case the department
shall communicate in writing, before missing the original deadline, the reasons for extending the
deadline; if this is not done the request would be considered denied.
In the case that the Department does not have the requested information but knows the location
and destination of the information, the person soliciting the information shall be informed.
c. Denying access to information is subject to the regulations in the second paragraph of Article 13
of the present law.
d. If the aforementioned deadlines are not met, the requester shall consider his request denied.
e. In the cases mentioned in clause C and D of the present article the requester shall consider his
request denied and all administrative procedures exhausted, unless the request was submitted to
a department subject to a higher department, in which case they can lodge an appeal to the
decision.
f. If the appeal is denied or the department supplies no response in ten business days, the
requestor can consider all administrative procedures exhausted.
g. Once all administrative procedures are finished, the solicitor who did not get the requested
information, can choose to begin the legal phase of the administrative process in conformance
with Law 27854 or start the constitutional process of Habeas Data, as established in Law 26301.
Article 12
Direct Access
Without prejudice to what is mentioned in Article 11, all Public Administrative entities shall allow
requestors direct and immediate access to public information during business hours.
Article 13
Denial of Access
The Public Administrative entity that receives the information request cannot deny information based on
the identity of the requestor.
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