Chile: Landmark Day in Chile as New Transparency Law Comes into Effect

A Landmark Day in Chile as New Transparency Law Comes into Effect
<http://freedominfo.org/news/20090421.htm>
21 APRIL 2009

Yesterday Chile's Transparency and Access to Public Information Law (Law
20.2285) came into force, marking a significant step toward making the
Chilean government more transparent and responsive to the Chilean people.
The law applies to all levels of government, from the federal ministries to
the municipal governments, including the armed forces, the police, and the
public security forces. The inclusion of the military and police under the
law's mandates is especially significant, given Chile's recent history of
military dictatorship.

The law, passed in August 2008, mandates the active dissemination of
information by the state and also requires the Chilean government to respond
to information requests by Chilean citizens. According to the law,
government websites should actively publish certain kinds of information,
broad categories defined in the law itself. For information requests, the
government must respond within 20 working days and must justify why the
requested information must be withheld.

Perhaps the most significant aspect of the new law is the establishment of a
Consejo para la Transparencia <http://www.consejotransparencia.cl/> —
a four-member watchdog council that will oversee implementation of the law
and also rule on appeals. The Consejo has unique powers and an independent
budget of $3 million for the first year. In addition to overseeing the
implementation of the law
<http://www.consejotransparencia.cl/prontus_consejo/site/artic/20090408/pags
/20090408115623.html>,
the Consejo will also serve as a court of appeals for citizens who believe
that information has been unfairly or illegally withheld or are dissatisfied
with the processing of an information request.

President Michelle Bachelet has appointed Juan Pablo Olmedo as President of
the Consejo para la Transparencia. Olmedo is a prominent Santiago lawyer and
founder of Pro Acceso Chile's leading right-to-know advocacy group.
Freedominfo.org interviewed Juan Pablo Olmedo in anticipation of the
transparency law coming into effect. The other members of the Consejo span
the political spectrum and include Roberto Guerrero, Vice-Dean of the Law
School at Catholic University; Alejandro Ferreiro, Christian Democrat and
former Minister of Economy; and Raul Urrutia, a constitutional law professor
at Catholic University, Valparaiso, and a member of the conservative
National Renewal Party.

In a press release, Pro Acceso's Executive Director Moisés Sánchez notes,
"This law represents a very significant step as far as the recognition of
the citizen's rights, as well as the process of the Modernization of the
State, to where not only does it contribute to the improvement of the
mechanisms of social control, but also demands second generation reforms in
materials regarding public management. The truth is, this law represents a
true administrative revolution, and for that this 20th of April should be
considered not the end, but the beginning of a process of continuous
improvement that in the short term achieves the construction of a State that
is truly at the service of its citizens."

LINKS

Transparency and Access to Public Information Law
<http://freedominfo.org/documents/Chile--Ley%2020285.pdf>
(in Spanish)

Consejo para la Transparencia
<http://www.consejotransparencia.cl/>

Freedominfo.org's interview with Juan Pablo Olmedo
<http://freedominfo.org/features/20090327.htm>

Pro Acceso <http://www.proacceso.cl/>

----
Mark Perkins MLIS, MCLIP
www.markperkins.info

https://keyserver.pgp.com/