Un decreto no puede limitar el acceso a la información pública

Multiple civil society organizations have expressed serious concern that Decree 780/24 undermines the fundamental right to access public information. This regulatory measure seeks to restrict transparency by expanding the scope of confidential information beyond what is established by national law. By granting officials broad discretion to define which documents are public versus private, the decree prioritizes subjective political decisions over legal guarantees, effectively weakening state accountability. The decree sets a dangerous precedent in which executive discretion overrides legislative intent and international human rights standards concerning transparency and anti-corruption. It enables authorities to arbitrarily withhold data, shifting power from citizens’ right to know to the government’s desire for secrecy. This regression threatens democratic oversight and erodes trust in public institutions by obscuring the actions of those in power. This development is critically relevant to open data initiatives, as arbitrary restrictions on data availability hinder research, journalism, and civic engagement. When governments control what constitutes “public” data, systematic open data ecosystems collapse, preventing the free flow of information necessary for an informed society. Upholding transparent data policies is essential for maintaining democratic integrity and ensuring that data remains a tool for accountability rather than a mechanism for concealment.

Source: cippec.org
Published on 2024-09-04

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