Ley de Transparencia Corporativa en EE. UU: nuevas exigencias
The U.S. Corporate Transparency Act requires companies to identify and report their beneficial owners, who are defined not only by their shareholding but also by their ability to exercise significant control. This measure centralizes information on actual ownership with the Financial Crimes Enforcement Network (FinCEN), expanding prior due diligence policies to close gaps in corporate ownership and facilitate financial oversight. This regulatory framework is fundamental to the open data movement, as it establishes a crucial precedent regarding how beneficial ownership information is managed, protected, and access to it is limited. Although the objective is international transparency in combating money laundering, the law classifies this information as strictly private and non-exchangeable with other jurisdictions, rejecting the public automation of these sensitive data. The relevance of this article for open data lies in the tension between the need for financial security and the principle of public access. It demonstrates that regulatory transparency does not necessarily imply public availability of data, highlighting the importance of distinguishing between operational transparency for authorities and data openness for citizens—a nuance essential to the debate on privacy and digital governance.
Source: iprofesional.comPublished on 2024-01-10