| 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? | 50 |
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. | ||||||||
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Comments: There is this constitutional right. However, the is no law of access to information. The executive regulated this right by decree 1172/2003. References: UN / OAS Conventions against Corruption National Constitution Decree 1172/2003 www.infoleg.gov.ar www.mejordemocracia.gov.ar
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| 12b: In law, citizens have a right of appeal if access to a basic government record is denied. | ||||||||
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Comments: References: UN / OAS Conventions against Corruption; National Constitution: www.infoleg.gov.ar; Decree 1172/2003
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| 12c: In law, there is an established institutional mechanism through which citizens can request government records. | ||||||||
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Comments: There is a formal mechanism in the executive branch (Decree 1172/2003). There are no regulated mechanisms in Congress and the judiciary. The absence of a national law created several interpretations in Congress and the judiciary. In a different way, decree 1772/2003 has guaranteed better access to information. There is no unique government office where citizens can request information. References: Decree 1172/2003 www.infoleg.gov.ar www.mejordemocracia.gov.ar
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| 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. | ||||||||
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Comments: Decree 1772/2003 guarantees that requested information can be obtained within a month (considering the request of 10 days delay by the administration). However, thare are no regulated times for the legislative and the judiciary. In general, there is more information available on the Web. The executive publishes procurement information on www.argentinacompra.gov.ar. Many requestors usually find it difficult to access to information and need to go to courts. References: Interview: Pablo Secchi, Poder Ciudadano, Aug. 17, 2007; Interview: Pilar Arcidiacono, CELS, Aug. 17, 2007; Interview: Ines Selvood, Plaza Publica / Clarin, Aug. 16, 2007
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| 13b: In practice, citizens can use the access to information mechanism at a reasonable cost. | ||||||||
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Comments: References: Interview: Pablo Secchi, Poder Ciudadano, Aug. 17, 2007; Interview: Pilar Arcidiacono, CELS, Aug. 17, 2007; Interview: Ines Selvood, Plaza Publica / Clarin, Aug. 16, 2007
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| 13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period. | ||||||||
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Comments: References: Interview: Pablo Secchi, Poder Ciudadano, Aug. 17, 2007; Interview: Ines Selvood, Plaza Publica / Clarin, Aug. 16, 2007
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| 13d: In practice, citizens can resolve appeals to information requests at a reasonable cost. | ||||||||
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Comments: References: Interview: Pablo Secchi, Poder Ciudadano, Aug. 17, 2007; Interview: Ines Selvood, Plaza Publica / Clarin, Aug. 16, 2007
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| 13e: In practice, the government gives reasons for denying an information request. | ||||||||
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Comments: The executive must explain the requestor why a piece of information is not disclosed. In the case of the legislative and the judiciary, they do not usually explain the reasons for the denial. References: Interview: Pablo Secchi, Poder Ciudadano, Aug. 17, 2007; Interview: Ines Selvood, Plaza Publica / Clarin, Aug. 16, 2007
Peer Review Comments: Although the Executive must explain, this does not happen in practice.
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