This article highlights the 2002 success in consolidating a fundamental Transparency Law, integrating scattered initiatives into coherent legislation that marked a historic milestone in the fight against corruption. This legal framework was crucial for breaking decades of a culture of secrecy in public management, establishing the necessary foundations for active citizen participation and an open public administration. However, effective implementation faced constant governmental resistance and setbacks through decrees that undermined its spirit, revealing institutional fragility when political will is lacking. This tension underscores that, although the existence of the law is an indispensable democratic advance, its compliance depends directly on the ongoing commitment of authorities to prioritize integrity over partisan interests or traditional opacity. Currently, there is concern about the danger of proposing a new law during electoral processes, as there is a risk of diluting existing advances and introducing regressive provisions. The relevance for open data lies in the fact that transparency is not merely a legal concept, but the technical and regulatory infrastructure that enables real access to public information; protecting it requires updating regulations without losing essential elements, ensuring the independence of the entities responsible for facilitating the flow of data to society.
Source:Published on 2023-08-20
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