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2008 Assessment

Argentina: Integrity Indicators Scorecard

Argentina: Integrity Scorecard Report > Sub-Category: Public Access to Information
Indicators   Score
12 Do citizens have a legal right of access to information? 100
13 Is the right of access to information effective? 60

Indicator and sub-Indicator Details

12 Do citizens have a legal right of access to information?
 
  12a: In law, citizens have a right of access to government information and basic government records.
 
Score: YES  NO score
  Comments: There is no access to public information law. Decree 1172/03 regulates this right for the Executive Branch.

References: National Constitution Decree 1172/03 OAS Convention against Corruption (Law 24.759) UN Convention against Corruption (Law 26.097) [ LINK ] [ LINK ]

  12b: In law, citizens have a right of appeal if access to a basic government record is denied.
 
Score: YES  NO score
  Comments: There is no access to public information law, although this right is mentioned in the National Constitution, as well as Decree 1172/03 (for the Executive Branch.)

References: National Constitution Decree 1172/03 OAS Convention against Corruption (Law 24.759) UN Convention against Corruption (Law 26.097) [ LINK ]

  12c: In law, there is an established institutional mechanism through which citizens can request government records.
 
Score: YES  NO score
  Comments: According to Decree 1172/03, citizens can access public information through a "link" or a person responsible with this field in each government office. The electronic request system is available at [ LINK ]

References: Decree 1172/03 [ LINK ] [ LINK ]

13 Is the right of access to information effective?
 
  13a: In practice, citizens receive responses to access to information requests within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments: Some responses are received within 20 days, as Decree 1172/03 establishes. The duration depends on the public office that must give the response, and on the information asked for. There are no regulated times foreseen for the Legislative and the Judiciary.

References: Interview, Julieta Arias, Poder Ciudadano Foundation, Sept. 8, 2008.

Peer Review Comments: Other sources (ADC, CIPPEC, ACIJ) can confirm a similar evaluation to the one provided.

  13b: In practice, citizens can use the access to information mechanism at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments:

References: Interview, Julieta Arias, Poder Ciudadano Foundation, Sept. 8, 2008.

  13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments:

References: Interview, Julieta Arias, Poder Ciudadano Foundation, Sept. 8, 2008.

  13d: In practice, citizens can resolve appeals to information requests at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments:

References: Interview, Julieta Arias, Poder Ciudadano Foundation, Sept. 8, 2008.

  13e: In practice, the government gives reasons for denying an information request.
 
Score: 100  75  50  25  0  score
  Comments: According to Decree 1172/03, the Executive Branch must give reasons for denying an information request, which usually happens. Neither the Legislative nor the Judiciary are obliged to do so.

References: Interview, Julieta Arias, Poder Ciudadano Foundation, Sept. 8, 2008.

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