The Santiago Court of Appeals upheld the legality of the resolution issued by the Council for Transparency, which requires the University of Santiago to provide academic records of the former president of the Constitutional Convention and information regarding faculty members who have taken paid sabbaticals. The court determined that this information is public, lacking the legal characteristics that would classify it as confidential or secret, and therefore must be accessible under the transparency law. The ruling also dismissed arguments regarding procedural nullity, stating that the decision remained valid despite involving the disqualification of one council member. It clarified that the required quorum was properly met when the session began with the necessary number of attendees, and that the abstention of the challenged member did not invalidate the process, as it remained within legal boundaries and complied with the majorities required by current regulations. This judgment is significant for the open data movement because it reinforces the principle that public information should be accessible by default, except in cases of explicit exceptions. It validates that requests for access to information can prevail over the private interests of educational institutions, ensuring that institutional transparency functions as an effective safeguard against opacity and promoting accountability in the public sector.
Source: puranoticia.pnt.clPublished on 2024-03-29
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