The article argues that Decree 780/2024 in Argentina represents an unconstitutional setback in access to public information, contradicting fundamental principles of transparency and democracy. By redefining key concepts such as “good faith” and “public information,” the decree arbitrarily expands state powers to deny requests and classify data as confidential for up to ten years. This hinders citizen participation, particularly in environmental matters, and violates international treaties such as the Escazú Agreement, which prohibit regression in the protection of rights. This regulation is crucial to the field of open data because it illustrates the risks of institutional opacity and regulatory manipulation. By restricting access to preparatory documents and limiting the definition of what constitutes public information, the state conceals essential information that should be open and accessible. This undermines civil society’s ability to oversee public management, assess environmental impacts, and make informed decisions, thereby undermining the purpose of open data as tools for accountability. The relevance of the text lies in its warning about how regulatory exceptions can erode digital human rights. When data protection mechanisms are used to justify secrecy rather than disclosure, trust in institutions is weakened, and social and technological innovation based on public data is limited. The article emphasizes that without effective access and without excessive restrictions, transparency becomes a formal empty shell, preventing the development of a robust and informed democracy.
Source: argentinaforestal.comPublished on 2024-09-05