2.
3.
4.
5.
6.
unless the information is public. Once that decision is made this exemption is
terminated if the public entity chooses to make reference to the advice,
recommendations and opinions.
Information protected by banking, tax, commercial, industrial, technological and
stock-exchange secrecy, which is regulated, in part by Section 5 of Article 2 of the
Constitution and the rest by other corresponding legislation.
Information related to on going investigations on the use of power sanctioned by the
Public Administration, in which case the exclusion of access ends when the
procedure reaches a resolution or six months after the procedure begins, regardless
of the status of a resolution.
Information prepared or obtained by the Public Administration’s legal advisors or
attorneys whose publication could reveal a strategy to be adopted in the defense or
procedure of an administrative or judicial process, or any type of information
protected by professional secrecy that a lawyer must keep to serve his client. This
exemption ends when the process finishes.
Personal information that constitutes an invasion of personal and family privacy when
published. Personal health information is included under private matters. In this case
only a judge can order the publication without prejudice to what is established in
Section 5 of Article 2 of the Peruvian Constitution.
All material whose access is exempted by the Constitution of the Republic or a law
approved by the Congress.
Article 15C
Regulation of Exemptions
The cases established in articles 15, 15A and 15B are the only ones that can limit the right of access to
public information, and they should be interpreted in a restricted manner since they represent a limit to a
fundamental right. No exemptions to the present law may be established by norm of a lesser scale.
The information noted in the exemptions of articles 15, 15A, and 15B is available to the Congress of the
Republic, the Judiciary, the General Comptroller (Contralor) of the Republic and the Human Rights
Ombudsman (Defensor del Pueblo).
Furthermore, Congress can only access this information through an Investigative Commission formed
according to Article 97 of the Peruvian Constitution and the Commission must be established by Article
36 of Law Number 27479. For the Judiciary, in accordance with the norms that regulate its functions,
only a judge can request information mentioned in these exemptions when that judge is exercising his
jurisdiction in a determined case and needs specific information to get to the truth. The Comptroller
(Contralor) has access to the information present in this article only when taking action within his specific
field. The Human Rights Ombudsman (Defensor del Pueblo) has access to information when it is
pertinent to his job for the defense of human rights.
Public officials responsible for the information referred to in articles 15, 15A and 15B must keep the
information private and shall be held responsible if this information is leaked.
The exercise of these Public Administrative entities lies within the framework and limitations established
by the Peruvian Constitution.
The exemptions mentioned in Articles 15 and 15A include those documents generated relating to these
subjects. Any information related to human rights violations or the Geneva Convention of 1949 under any
circumstance, by any person, should not be considered classified information. None of the exemptions
mentioned in this article can be used against what is established in the Peruvian Constitution.
Article 16
Partial Information
In the case where a document contains partial information mentioned in articles 15, 15A and 15B of the
present law that is not subject to public access, the Public Administrative entity must release the available
information in the documents.
6
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