Corte ordenó a la Usach transparentar antecedentes laborales de Elisa Loncon

The Court of Appeals in Santiago rejected the University of Santiago’s (Usach) appeal to annul an order issued by the Transparency Council mandating the disclosure of the academic activities of Elisa Loncon. The court confirmed that the information is public and does not fall under any secrecy or reservation categories established by the Transparency Law, thereby reinforcing the principle that government-related data should be accessible to the public. A central legal issue addressed was the validity of the quorum during the Transparency Council’s decision-making process. Usach argued that a lack of quorum rendered the decision illegal. However, the court ruled that the session was constitutionally valid because it began with the required minimum number of council members. One member’s subsequent abstention due to a conflict of interest did not invalidate the proceeding, as the final decision was supported by a majority of the non-excluded council members, satisfying the legal requirements for administrative acts. This ruling is highly relevant to open data, as it establishes that procedural arguments raised late in the judicial phase cannot override administrative decisions if they were not previously contested. By dismissing the university’s claims, the judiciary strengthens the enforceability of transparency laws, ensuring that institutions cannot easily obstruct data release through technical legalities. This precedent encourages greater accountability and public access to information held by state-affiliated entities.

Source: cooperativa.cl
Published on 2024-03-30

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