What does the decree limiting access to public information entail?

On Monday, a new regulation of Law No. 27,275 on Access to Public Information was published in the Official Gazette, signed by President Javier Milei and Chief of Staff Guillermo Francos. This regulation establishes the right to “the possibility of freely searching, accessing, requesting, receiving, copying, analyzing, reprocessing, reusing and redistributing information in the custody” of the various State agencies that receive public funds.

A wide range of organisations and journalists have criticised the regulations, not only for their legal contradictions, but also for being a restriction on the right of access to public information.

The restriction on the right of access to public information is scandalous. Many will see it as a joke about not asking how many dogs there are in Olivos, but the truth is that not only will they not report how many dogs there are… there are several other things to hide…

— Beatriz Busaniche💚 (@beabusaniche) September 2, 2024

This tool allows you to obtain information about public management on a certain subject that you can request. regulation that the Executive Branch carries out is supposed to specify or detail aspects included in the law, however in this case directly modifies or denies postulates that emanate from the regulations seeking to limit their scope and that the Government may not respond to requests for public information.

New definition of information

Law 27.275 defines in its article 2 that “all information generated, obtained, transformed, controlled or safeguarded by obligated subjects is presumed to be public”, referring to the different state or publicly funded agencies that it covers.

I open 🧵on decree 780/24 of @JMilei published today that restricts Access to Public Information established by a law passed in 2016 👇👇

1)The Government issued today a decree that modifies the regulations on Access to Public Information, which restricts the…

— Mariel Fitz Patrick (@marielfitz) September 2, 2024

The new regulation establishes in the negative that “Information containing data from private nature that were generated, obtained, transformed, controlled or held by private individuals or legal entities or by the absence of a committed public interestunrelated to the management of the obliged subjects.”

That is, if the Agency for Access to Public Information classifies a request for information as requesting data of a “private nature” or of “absence of a compromised public interest”, it can deny access to the information. Thus, it modifies the definition of information in the law and, in turn, contradicts it, since the law establishes in its article 4 that it is not necessary to prove a certain interest to access this right.

In turn, the definition of “document” in the law is now more limited, excluding from it “preparatory deliberations and working papers, or the preliminary examination of a matter” that will no longer be considered “public in nature.”

Access to public information allows anyone to request information about State policies and actions; it is recognized in international human rights treaties and limiting it by decree is illegal.

— Myriam Bregman (@myriambregman) September 2, 2024

More exceptions

The original regulations passed in 2016 include that those obliged to respond may be exempt from providing data when it concerns “information that may cause a danger to the life or safety of a person.”

Under this figure, the new regulation expands that this exception may be applied to all information that “its public knowledge, dissemination or disclosure may, directly or indirectly, cause damage and harm”. Another broad and diffuse formulation that allows denying access to information or responding at one’s discretion. An exercise that already occurs today, as Myriam Bregman denounced referring to the issue “much to hide:A few months ago we asked for information about how much Bullrich spends on each repression and they refused to answer. The caste does not want to be bothered.

⚠️ Official Gazette: Milei modifies by decree the Law of Access to Public Information by regulating substantive aspects of the norm sanctioned by Congress in 2016. More restrictions on freedom of expression: https://t.co/gXWcuPUR5Q

— Martin Becerra (@aracalacana) September 2, 2024

Controls for those requesting information

In case there was any doubt about the spirit of the decree, it also seeks to dissuade those who make requests for information. Referring to a competence of the Agency for Access to Public Information that establishes the preparation of statistics and reports on requesters, the regulation specifies that it must take into account “repetitive requests that generate unnecessary expenditure of administrative activity” or also those “that constitute an abuse in the exercise of the right of access to public information by the applicants”.

When he speaks of “abuse of rights” he refers to article 10 of the Civil and Commercial Code which states that “the law does not protect the abusive exercise of rights” which is considered according to “good faith, morality and good customs”establishing that the courts can set compensation for these cases.

The right to access public information is recognized by international human rights treaties, “limiting it by decree is illegal” said Myriam Bregman. It is a tool used by journalists, researchers, NGOs, anyone who needs or requires it, by civil organizations, human rights organizations, the women’s movement and sexual diversity to make changes, etc. With this measure, the Government seeks to shield itself and hide official information related to public management, implementation of policies, rights and the role of each official.