The National Institute for Transparency, Access to Information, and Personal Data Protection (INAI) ordered the Institute for the Administration and Appraisal of National Assets (INDAABIN) to provide the appraisal file for the Megapharmacy warehouse. This decision underscores a critical case in which government institutions failed to conduct thorough searches, omitting key departments responsible for valuation records. By compelling INDAABIN to carry out a comprehensive search across all relevant units, INAI reinforced the legal obligation of public entities to ensure that data accessibility is not hindered by procedural negligence or internal disorganization. Transparency authorities emphasize that access to public information is essential for citizens to evaluate how financial resources are allocated to strategic projects, particularly those related to fundamental human rights such as health. The case illustrates the practical necessity of open data in verifying the efficiency and appropriateness of government spending. When officials can scrutinize the actual costs and appraisals of public assets, society gains the capacity to hold the government accountable for its management of funds dedicated to essential services. This ruling is highly relevant to open data advocates because it establishes a precedent for rigorous administrative standards. It demonstrates that merely stating that information does not exist is insufficient; institutions must actively search using a broad criterion across all competent units. This ensures that the right to access information is substantive rather than symbolic, promoting a culture of accountability in which the management of public assets remains visible and verifiable by the citizenry.

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Published on 2024-03-25