Through his official account on the X platform (formerly Twitter), the constitutional lawyer pointed out that “decree 780/2024 that Its purpose is to regulate Law 27,275 on access to public information “modifying the previous regulatory norm (decree 206/2017) is unconstitutional because it unreasonably alters its contents, ignoring the provisions of art. 28 of the Argentine Constitution and art. 29 of the American Convention on Human Rights.”
And he added: “The Supreme Court of Justice of the Nation in the ‘CIPECC’ case (2014) held that Access to information held by the State is a fundamental right and a human right – both individual and collective – that enables any person to know how their rulers and public officials perform their duties. and that public information “does not belong to the State but to the people of the Argentine Nation and, consequently, the mere condition of being a member of the community is sufficient to justify the request.”
In this regard, he noted that “the IACHR in several rulings stated that ‘information is not the property of the State and access to it is not due to a grace or favor from the government.'”
Abuse of rights and other criticisms of the DNU that modifies access to information
Gil Domínguez refers to the figure of “abuse of rights” in article 1 of decree 780/2024, which in turn regulates the first article of law 27,275: “It imposes the figure of abuse of rights, provided for in article 10 of the Civil and Commercial Code, on persons who attempt to exercise the right of access to public information when the State considers that it is not done in ‘good faith’; which implies that, at their discretion, the obligated subjects may reject the requests and prosecute the persons judicially to obtain payment of compensation for acting in ‘bad faith’.”
“This is directly linked to art. 6 of decree 780/2024 which, when regulating article 31 of law 27,275, imposes a function on all those responsible for access to public information Inform the Agency for Access to Public Information of any ‘departures’ from the principle of good faith “in order to adopt the necessary measures to guarantee the effective exercise of the right of access to public information under equal conditions for persons authorized to do so,” it said.
Deputies warn of changes to the Law on Access to Public Information and ask the Government for explanations
The block Federal Meeting of the Chamber of Deputies expressed his Concern over changes to the Access to Public Information Act implemented by the Government of Javier Milei by decree 780/24 and submitted a request for information to the Executive Branch to explain the scope of the restrictions imposed.
Through a draft resolution, and at the request of an initiative of Margarita Stolbizer, the bench that he presides over Miguel Pichetto express “worry” in the face of a fact that considers that ““distorts the spirit of Law 27,275 on Access to Public Information”
Source: Ambito
