Right Of Access To Information Public Object. Exceptions. Scopes. - Updated Text Of The Standard

Original Language Title: DERECHO DE ACCESO A LA INFORMACION PUBLICA OBJETO. EXCEPCIONES. ALCANCES. - Texto actualizado de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
RIGHT OF ACCESS TO PUBLIC INFORMATION

Law 27275

Object. Exceptions. Alcances.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force

Law:

PRELIMINARY TITLE

ARTICLE 1 — Object. The purpose of this Act is to ensure the effective exercise of the right to access to public information, promote citizen participation and transparency in public management, and is based on the following principles:

Publicity presentation: all information in the possession of the State is presumed public, except the exceptions provided for by this law.

Transparency and maximum disclosure: all information in power, custody or under the control of the bound subject must be accessible to all persons. Access to public information can only be limited when any of the exceptions provided for in this law are met, in accordance with the needs of democratic and republican society, proportionate to the interest that justify them.

Informalism: The rules of procedure for accessing information should facilitate the exercise of the right and its non-observance may not constitute an obstacle to this. Obligatory subjects may not base the refusal of the request for information on non-compliance with formal requirements or procedural rules.

Maximum access: the information must be published in full, with the highest possible level of disaggregation and by the most available means.

Opening: the information must be accessible in open electronic formats, which facilitate its processing by automatic means that allow reuse or redistribution by third parties.

Dissociation: in that case in which part of the information is framed within the exceptions taxatively established by this law, the non-exempted information must be published in a version of the document that tache, conceals or distributes those parts subject to the exception.

Non-discrimination: Information should be provided to all persons who request it, on an equal basis, excluding any form of discrimination and without requiring expression of cause or reason for the request.

Maximum premura: the information must be published with the utmost speed and in times compatible with the preservation of its value.

Gratuity: access to information must be free of charge, without prejudice to the provisions of this law.

Control: compliance with the rules governing the right to access to information shall be subject to ongoing monitoring. Resolutions denying requests for access to information, such as the silence of the required compulsory subject, the ambiguity or inaccuracy of its request, may be appealed to the competent body.

Responsibility: Failure to comply with the obligations imposed by this law will cause responsibilities and result in appropriate sanctions.

Limited scope of exceptions: the limits to the right of access to public information must be exceptional, previously established in accordance with the provisions of this law, and formulated in clear and precise terms, with the responsibility of demonstrating the validity of any restriction on access to information by the subject to which the information is required.

In dubio pro petitor: the interpretation of the provisions of this law or of any regulation of the right of access to information must, in case of doubt, always in favour of the greater validity and scope of the right to information.

Facilitation: no public authority may refuse to indicate whether a document works, or not, in its power or to deny the disclosure of a document in accordance with the exceptions contained in this Act, unless the damage to the protected interest is greater than the public interest in obtaining the information.

Good faith: In order to ensure the effective exercise of access to information, it is essential that the persons obliged to act in good faith, that they interpret the law in such a way as to serve the purposes pursued by the right of access, that ensure the strict application of the law, provide the necessary means of assistance to the applicants, promote the culture of transparency and act with diligence, professionalism and institutional loyalty.

PART I

Right to access to public information

Chapter I

General regime

ARTICLE 2 Right of access to public information. The right of access to public information includes the possibility of seeking, accessing, requesting, receiving, copying, analysing, reprocessing, reusing and freely redistributing the information in the custody of the bound subjects listed in Article 7 of this Law, with the only limitations and exceptions provided for in this rule.

Any information that generates, obtains, transforms, controls or cares for the subjects bound by this law is publicized.

ARTICLE 3 — Definitions. For the purposes of this Act, it is understood that:

(a) Public information: any type of data contained in documents of any format that the subjects required listed in Article 7 of this Law generate, obtain, transform, control or guardian;

(b) Document: any registration that has been generated, which is controlled or is guarded by the bound subjects listed in Article 7 of this Law, regardless of form, support, origin, date of creation or official character.

ARTICLE 4 Active legitimization. Every human or legal person, public or private, has the right to request and receive public information, and the applicant may not be required to substantiate the request, to establish subjective law or legitimate interest or to have legal sponsorship.

ARTICLE 5 — Delivery of information. The information must be provided in the state in which it is at the time of the application, not being required to process or classify it.

The State has an obligation to deliver it in open digital formats, except for exceptional cases in which it was impossible to comply or meant an unmeasured state effort. The exceptions will be set by the Public Information Access Agency.

ARTICLE 6 Gratuity. Access to public information is free as long as its reproduction is not required. Reproduction costs are borne by the applicant.

ARTICLE 7 Scope of application. They are subject to public information:

(a) The national civil service, made up of the central administration and the decentralized agencies, including social security institutions;

(b) The Legislative Power and the bodies operating in its field;

(c) The Judiciary of the Nation;

(d) The Public Prosecutor ' s Office;

(e) The Public Ministry of Defence;

(f) The Council of the Magistracy;

(g) The enterprises and societies of the State covering the enterprises of the State, the societies of the State, the corporations with majority state participation, the companies of mixed economy and all other business organizations where the national State has majority participation in the capital or in the formation of corporate decisions;

(h) Companies and societies in which the national State has a minority participation, but only with regard to State participation;

(i) Concessionaries, permissionaries and licenseees of public services or permissionary concessionaires of use of the public domain, to the extent that they perform public services and in all that corresponds to the exercise of the delegated administrative function; and contractors, lenders and borrowers under any other form or contractual modality;

(j) Business organizations, political parties, trade unions, universities and any private entity to which public funds have been granted, referring only to information produced in whole or in part or related to public funds received;

(k) Institutions or funds whose administration, custody or conservation is in charge of the national State;

(l) Non-State public legal persons in all that is regulated by public law, and in matters relating to information produced or related to public funds received;

(m) Trusts that are fully or partially constituted by resources or assets of the national State;

(n) Co-operative entities with which the national civil service had concluded or concluded agreements aimed at technical or financial cooperation with State agencies;

(o) The Central Bank of the Argentine Republic;

(p) Interjurisdictional entities in which the national State has participation or representation;

(q) The dealers, operators, administrators and operators of gambling, skill and bet, duly authorized by competent authority.

Failure to comply with this law will be considered as a cause of poor performance.

Chapter II

Exceptions

ARTICLE 8 — Exceptions. The bound subjects may only be exempt from providing information when any of the following assumptions are set:

(a) Information expressly classified as reserved or confidential or secret, for reasons of defence or foreign policy.

The reservation in no case may reach the information necessary to assess the definition of the national security, defence and foreign relations policies; nor the other one whose disclosure does not represent a real and identifiable risk of significant harm to a legitimate interest linked to such policies;

(b) Information that might jeopardize the proper functioning of the financial or banking system;

(c) Industrial, commercial, financial, scientific, technical or technological secrets whose disclosure might impair the level of competitiveness or injure the interests of the bound subject;

(d) Information that violates the legitimate rights or interests of a third party obtained in a confidential manner;

(e) Information with the Financial Information Unit responsible for the analysis, treatment and transmission of information aimed at the prevention and investigation of the legitimization of assets from illicit offences;

(f) Information developed by the subjects obliged to regulate or supervise financial institutions or prepared by third parties to be used by those and to refer to situational reviews, evaluation of their operating system or condition of operation;

(g) Information developed by legal advisers or lawyers of the national civil service whose publicity might reveal the strategy to adapt to the defence or processing of a judicial case or disclose the techniques or procedures of investigation of any crime or other irregularity or when the information deprives a person of the full exercise of the guarantee of due process;

(h) Information protected by professional secrecy;

(i) Information containing personal data and cannot be provided by dissociating procedures, unless the legal conditions provided for in law 25,326 for the protection of personal data and their modifications are met;

(j) Information that may endanger a person ' s life or security;

(k) Information of a judicial nature that is vetoed by other laws or by commitments made by the Argentine Republic in international treaties;

(l) Information obtained in investigations carried out by the persons obliged to have the status of a reservation and whose disclosure might frustrate the success of an investigation;

(m) Information for an anonymous company subject to the public supply regime.

The exceptions contained in this article shall not apply in cases of grave human rights violations, genocide, war crimes or crimes against humanity.

Chapter III

Request for information and complaint channels

ARTICLE 9 — Request for information. The request for information must be submitted to the obligatory subject possessing or presumed possessing it, who shall transmit it to the person responsible for access to public information, in the terms of article 30 of this Act. It may be done in writing or by electronic means and without any formality except for the identity of the applicant, the clear identification of the information requested and the contact details of the applicant, for the purpose of sending the requested information or announcing it to be available.

The subject who receives the request for information shall submit to the applicant a record of the procedure.

ARTICLE 10. - Processing. If the request relates to public information that does not operate in the possession of the subject to which it is addressed, it shall forward it, within the time limit of five (5) days, computed from the presentation, to the person who possesses it, if he knew it, or if not to the Agency of Access to Public Information, and shall inform the applicant of this circumstance.

ARTICLE 11. - Periods. Any request for public information required under the terms of this law must be satisfied within a period not exceeding fifteen (15) working days. The deadline may be extended on an exceptional basis by an additional fifteen (15) working days of mediating circumstances that make it reasonably difficult to collect the requested information.

In his case, the requested subject must communicate with satisfaction, on an act founded and before the expiry of the deadline, the reasons why he makes use of such extension.

The petitioner may require, for substantial reasons, the reduction of the deadline to respond to and meet his requirements.

ARTICLE 12. - Partial information. The required subjects must provide the requested information in full. Where there is a document that contains partial information whose access is limited in the terms of Article 8 of this Law, the rest of the requested information shall be provided, using tachas systems.

ARTICLE 13. - Denegatoria. The requested subject may only refuse to provide the information subject to the request, on a substantiated act, if it is verified that it does not exist and that it is not legally bound to produce it or that it is included in any of the exceptions provided for in article 8 of this Act. The lack of substantiation shall determine the nullity of the act of refusal and shall require the delivery of the required information.

The denial of the information must be disposed of by the highest authority of the required body or entity.

The silence of the bound subject, the deadlines set forth in article 11 of this law, as well as the ambiguity, inaccuracy or incomplete surrender, shall be regarded as an unjustified refusal to provide the information.

Denying in any of its cases shall leave the avenues of claim provided for in article 14 of this Act.

ARTICLE 14. - Claim routes. Decisions regarding access to public information are directly appealed to the courts of first instance in the federal administrative case, without prejudice to the possibility of filing the relevant administrative claim with the Agency for Access to Public Information or the appropriate body according to the passive legitimate. The judge of the residence of the applicant or of the address of the requested entity shall be competent, at the option of the first.

In neither of these cases, the exhaustion of the administrative route may be required.

The claim for non-compliance provided for in article 15 of the present Act shall be substituted for the remedies provided for in the National Administrative Procedures Act, 19,549, and Decree 1,759 of 3 April 1972 (T. 1991).

The claim promoted through judicial action shall be processed by the means of amparo and shall be filed within forty (40) working days from the notice of the refusal of the application or from the expiration of the time limit to respond to it, or from the verification of any other breach of the provisions of this law. The assumptions of formal inadmissibility provided for in article 2 of Act No. 16,986 shall not apply.

ARTICLE 15. - Claim for non-compliance. In the event of denying a request for information set out in article 13 of this law or any other breach of this provision, the applicant may, within forty (40) working days from the expiration of the time limit for the response set out in article 11 of this rule, file a complaint with the Agency for Access to Public Information or, to its option, with the agency originally requested. The latter must immediately and without delay elevate it to the Public Information Access Agency for its resolution.

ARTICLE 16. - Formal requirements. The claim for non-compliance shall be submitted in writing, indicating the full name, surname and address of the applicant, the subject obliged to which the request for information was directed and the date of the submission. It will also be necessary to accompany a copy of the request for information submitted and, if any, the answer received from the bound subject.

ARTICLE 17. - Claim resolution filed. Within thirty (30) working days from the receipt of the claim for non-compliance, the Public Information Access Agency must decide:

(a) Profoundly reject the claim, as grounds for such a resolution:

I. That it had been submitted outside the deadline;

II. That it had previously resolved the same question in relation to the same applicant and the same information;

III. That the required subject is not a subject bound by this law;

IV. The information provided for in any or some of the exceptions set out in Article 8 of this Law.

V. The information provided has been complete and sufficient.

If the resolution does not imply the publicity of the information, the notification to the requesting subject must report on the right to appeal to the Justice and the deadlines for filing the action;

(b) Intimate the obliged person who has denied the information required to comply with the obligations of this law. The decision of the Public Information Access Agency shall be notified within three (3) working days of the information seeker and the obliged subject, at the same time it must be published on its official computer network page.

If the decision of the Agency for Access to Public Information is in favour of the applicant, the person obliged to whom he has failed to comply with the provisions of this law shall submit the requested information within a period not exceeding ten (10) working days from the receipt of the intimation.

ARTICLE 18. - Responsibilities. The public official or responsible agent who arbitrarily obstructs the applicant ' s access to the required public information, or provides it incompletely or in any way obstructs the performance of this law, incurs a serious fault without prejudice to the administrative, property and criminal responsibilities that may fit him in accordance with the existing rules.

Chapter IV

Agency for Access to Public Information

ARTICLE 19. - Agency for Access to Public Information. Consider the AGENCE OF ACCESS TO PUBLIC INFORMATION, as an autonomous entity that will operate with functional autonomy in the field of the MINISTERS GABINETE JEFATURA. The AGENCE OF ACCESS TO PUBLIC INFORMATION should ensure compliance with the principles and procedures set out in this Act, ensure the effective exercise of the right to access to public information, promote active transparency measures and act as the Authority for the Application of the Personal Data Protection Act No. 25,326.

(Article replaced by art. 11 Decree No. 746/2017 B.O. 26/9/2017. Watch: from the day after the date of publication in the Official Gazette)

ARTICLE 20. - Director, Public Information Access Agency. The Public Information Access Agency will be in charge of a director who will last five (5) years in office with the possibility of being re-elected for one time. The director shall be appointed by the national executive branch through a public, open and transparent selection procedure that guarantees the suitability of the candidate.

ARTICLE 21. - Director selection procedure. The selection procedure of the director of the Public Information Access Agency shall be carried out in accordance with the following provisions:

(a) The national executive branch shall propose one (1) person and publish the name, surname and curriculum history in the Official Gazette and two (2) national circulation journals for three (3) days;

(b) The candidate shall submit an affidavit in accordance with the provisions of the Act on Ethics in the Exercise of Public Service, 25,188 and its regulations;

(c) The Federal Public Income Administration (AFIP) will be required to report on compliance with the tax obligations of the candidate;

(d) A public hearing shall be held for the purpose of assessing the observations provided for in accordance with the provisions of the regulation;

(e) Citizens, non-governmental organizations, schools, professional associations and academic entities may, within fifteen (15) days of the last publication in the Official Gazette provided for in subparagraph (a) of this article, submit to the agency in charge of the organization of the public hearing, in writing and in a well-founded and documented manner, comments on candidates. Without prejudice to the submissions made in the same period, opinion may be required to organizations of relevance in the professional, judicial and academic sphere for the purposes of their assessment;

(f) Within fifteen (15) days from the expiration of the deadline set out in subparagraph (e) of this article, a public hearing shall be held for the assessment of the observations submitted. Afterwards and within seven (7) days of the hearing, the national executive branch shall decide to confirm or withdraw the nomination of the proposed person, in the latter case having to propose to a new candidate and restart the selection procedure.

ARTICLE 22. - Director's range and hierarchy. The director in charge of the Public Information Access Agency will have rank and hierarchy of secretary.

ARTICLE 23. - Requirements and incompatibility. To be appointed director of the Public Information Access Agency, it is necessary to be an Argentine citizen.

A record must also be presented that demonstrates suitability for the exercise of the function.

The exercise of the function requires full dedication and is incompatible with any other public or private activity, except part-time teaching. Any party activity is closed as long as the function is performed.

No staff member in charge of the Public Information Access Agency may have interests or links with matters under his or her orbit under the conditions laid down by the Law on Ethics in the Exercise of Public Service, 25,188, its amendments and its regulations.

The proposed director may not have held elective positions or supporters in the last five (5) years prior to the appointment.

ARTICLE 24. - Competitions and functions. These are competences and functions of the Public Information Access Agency:

(a) To develop and propose for approval the design of its organizational structure and to designate its agent plant, in accordance with the existing regulations regarding designations in the field of NATIONAL PUBLIC ADMINISTRATION; (Incision replaced by art. 12 Decree No. 746/2017 B.O. 26/9/2017. Watch: from the day after the date of publication in the Official Gazette)

(b) Prepare your annual budget;

(c) Drafting and approving the Regulations on Access to Public Information applicable to all bound subjects;

(d) Implement a technology platform for the management of requests for information and their corresponding responses;

(e) Require the subjects obliged to modify or adapt their organization, procedures, systems of public service and receipt of correspondence to the rules applicable to the purpose of complying with the object of this law;

(f) Provide a channel of communication with citizens to provide advice on requests for public information and, in particular, to collaborate in the direction of the order and refinement of the search;

(g) Coordinate the work of those responsible for access to public information designated by each of the bound subjects, in the terms of article 30 of this Act;

(h) Develop and publish periodic statistics on applicants, requested public information, amount of denies and any other matter that permits citizen control as provided for in this Act;

(i) Regularly publish an index and list of frequently required public information to enable consultations and requests for information via the official website of the Public Information Access Agency computer network;

(j) Publish an annual management accountability report;

(k) Develop guiding criteria and indicators of best practices for the subjects involved;

(l) To develop and submit to the Honorable Congress of the Nation proposals for legislative reform in respect of its area of competence;

(m) To request the subject bound files, reports, documents, backgrounds and any other necessary elements for the purpose of exercising their work;

(n) Disseminate the training to be carried out in order to ascertain the scope of this law;

(o) Receiving and resolving administrative claims made by public information applicants as provided for in this Act with respect to all those obliged, except those provided for in subparagraphs (b) to (f) of Article 7 of the present Act, and publishing the resolutions contained therein;

(p) Promote appropriate judicial actions, for which the Public Information Access Agency has active procedural legitimation within its competence;

(q) Encouraging relevant administrative sanctions with the relevant authorities in cases of non-compliance with the provisions of this Act;

(r) To conclude cooperation agreements and contracts with public or private, national or foreign organizations within their competence for the performance of their functions;

(s) Publish the reserved information indexes developed by the bound subjects;

(t) To ensure the comprehensive protection of personal data recorded in archives, records, data banks, or other technical data-processing media, whether public or private, for reporting, to guarantee the right to honour and privacy of persons, as well as access to the information recorded therein. (Included by art. 13 Decree No. 746/2017 B.O. 26/9/2017. Watch: from the day after the date of publication in the Official Gazette)

ARTICLE 25. - Staff of the Public Information Access Agency. The Public Information Access Agency will be provided with the technical and administrative staff established by the general budget law of the national administration.

ARTICLE 26. - Cese del director de la Agencia de Acceso a la Información Pública. The officer in charge of the Public Information Access Agency shall cease in full duty to mediate any of the following circumstances:

(a) Renunciation;

(b) Mandate expiration;

(c) Failure;

(d) To be understood in a situation that generates incompatibility or inability.

ARTICLE 27. - Removal of the director of the Public Information Access Agency. The officer in charge of the Public Information Access Agency may be removed for malfunction, for offence in the exercise of his or her functions or for ordinary crimes.

The national executive branch will carry out the removal procedure of the director of the Agency for Access to Public Information, giving an intervention to a bicameral commission of the Honorable Congress of the Nation, which will be presided by the president of the Senate and will be composed of the presidents of the commissions of Constitutional Affairs and of Rights and Guarantees of the Honorable House of National Senators and those of Constitutional Affairs and Freedom of Expression of the Honorable House of Parliament.

The vacancy shall take place, the procedure established in article 21 of this Act shall be carried out within a period not exceeding thirty (30) days.

ARTICLE 28. - Public information agencies in the Legislative Branch, the Judiciary and the Public Prosecutor ' s Offices. Within a maximum period of ninety (90) days from the publication of this law in the Official Gazette, the Legislative Branch, the Judiciary of the Nation, the Public Prosecutor ' s Office of the Nation, the Public Ministry of Defence and the Council of the Magistracy shall, each of them, create an agency with functional autonomy and with competence and functions identical to those of the Agency for Access to Public Information provided for in article 24 of this law.

The designation of the director of each such agency must be carried out through an open, public and transparent selection procedure that guarantees the suitability of the candidate.

ARTICLE 29. - Federal Council for Transparency. The Federal Council for Transparency, as a permanent inter-jurisdictional body, will aim at technical cooperation and policymaking in the field of transparency and access to public information.

The Federal Council for Transparency will be based in the Public Information Access Agency, which will receive administrative and technical support for its operation.

The Federal Council for Transparency shall consist of one (1) representative of each of the provinces and one (1) representative of the Autonomous City of Buenos Aires, who shall be the highest officials in the matter of their respective jurisdictions. The Federal Council for Transparency will be chaired by the Director of the Public Information Access Agency, who will semesterly convene meetings where the degree of progress in the area of active transparency and access to information in each jurisdiction will be evaluated.

Chapter V

Responsible for access to public information

ARTICLE 30. - Responsible for access to public information. Each of the required subjects shall appoint a person responsible for access to public information which shall process requests for access to public information within its jurisdiction.

ARTICLE 31. - Functions of those responsible for access to public information. They shall be the functions of those responsible for access to public information within their respective jurisdictions:

(a) Receiving and processing requests for access to public information by referring it to the relevant official;

(b) Monitoring and monitoring the correct processing of requests for access to public information;

(c) To register applications for access to public information;

(d) Promote the implementation of resolutions developed by the Public Information Access Agency;

(e) To provide assistance to applicants in the development of requests for access to public information and guidance on units or entities that may possess the required information;

(f) Promoting transparency practices in public management and information publishing;

(g) Develop monthly reports to be forwarded to the Agency for Access to Public Information or to the agencies detailed in article 28 of the present Act, as appropriate, on the number of requests received, the deadlines for response and requests answered and rejected;

(h) To publish, if appropriate, the information that had been declassified;

(i) To inform and keep up-to-date the various areas of the relevant jurisdiction on the existing regulations on the preservation, preservation and archiving of information and to promote practices in relation to such matters, with the publication of the information and with the information processing system;

(j) Participate in meetings convened by the Public Information Access Agency;

(k) All those necessary to ensure proper implementation of the provisions of this law.

PART II

Active transparency

ARTICLE 32. - Active transparency. The subjects bound by article 7 of this Act, except those specified in subparagraphs (i) and (q), shall facilitate the search for and access to public information through their official website of the computer network, in a clear, structured and understandable manner for the interested parties and by seeking to remove any barriers that hinder or deficate their reuse by third parties.

In addition, obligatory subjects must publish in full, updated, through digital media and in open formats:

(a) An index of public information in its possession to guide persons in the exercise of the right of access to public information, indicating, further, where and how the request should be made;

(b) Its organizational structure and functions;

(c) Nomin of authorities and staff of the permanent and transitory plant or other recruitment modality, including consultants, interns and staff recruited under projects funded by multilateral agencies, detailing their respective roles and position in the scale;

(d) Salary scales, including all components and subcomponents of the total salary, for all categories of employees, staff, consultants, interns and contracted;

(e) The budget allocated to each area, programme or function, changes during each year and the status of implementation updated on a quarterly basis to the latest level of disaggregation in which it is processed;

(f) Transfers of funds from or directed to human or legal persons, public or private persons and their beneficiaries;

(g) The list of public contracts, tenders, competitions, public works and acquisitions of goods and services, specifying objectives, characteristics, amounts and suppliers, as well as the main partners and shareholders, of the companies or suppliers;

(h) Any act or resolution, of a general or particular nature, in particular the rules that provide benefits for the general public or for a sector, the minutes in which the deliberation of a collegiate body, the tachygraphic version and the legal and technical opinions produced prior to the decision and which had served as sustenance or antecedent;

(i) Audit or evaluation reports, whether internal or external, conducted in advance, during or later, relating to the agency itself, its programmes, projects and activities;

(j) Permits, concessions and authorizations granted and their holders;

(k) The services provided by the agency directly to the public, including rules, letters and customer service protocols;

I) Any mechanism or procedure by which the public may submit petitions, access to information or in some way participate or affect the formulation of the policy or exercise of the powers of the bound subject;

(m) Information on the competent authority to receive requests for public information and the procedures provided by this law to file complaints with the refusal;

(n) An index of procedures and procedures to be carried out with the agency, as well as the requirements and criteria for allocation to access benefits;

(o) Mechanisms for direct submission of applications or complaints to the public regarding actions or omissions of the subject bound;

(p) A guide containing information on its document-keeping systems, the types and forms of information in its possession and the categories of information it publishes;

(q) Agreements, resolutions and judgements that are required to publish in accordance with the provisions of Act No. 26,856;

(r) Information that responds to public information requirements most frequently carried out;

(s) The affidavits of those who are obliged to present them in their fields of action;

(t) Any other information that is useful or considered relevant to the exercise of the right of access to public information. Access to all sections of the Official Gazette will be free and free through the Internet.

ARTICLE 33. - Wider advertising system. The obligations of active transparency contained in article 32 of this Act are without prejudice to the application of other specific provisions that provide for a wider publicity regime.

ARTICLE 34. - Exceptions to active transparency. For the purposes of compliance with article 32 of this Act, the exceptions to the right of access to public information provided for in article 8 of this rule and, in particular, to information containing personal data shall apply.

PART III

Transitional application arrangements

ARTICLE 35. - Budget. Authorize the national executive branch to make the changes and incorporations in the national administration's expenditure and resources budget law for the fiscal year in force in the aspects deemed necessary for the implementation of this law.

The next year ' s budget should provide for the incorporation of the necessary resources for the proper discharge of the functions of the Public Information Access Agency.

ARTICLE 36. - Accession. Invite the provinces and the Autonomous City of Buenos Aires to adhere to the provisions of this law.

ARTICLE 37. - Regulation. The national executive branch shall regulate this law within 90 days of its promulgation.

ARTICLE 38. - Transit clause 1. The provisions of this Act shall enter into force on the year of publication in the Official Gazette.
The obligatory subjects shall have the maximum period of one (1) year since the publication of this law in the Official Gazette, to adapt to the obligations contained therein.

In this period, Decree 1172 of 3 December 2003 and Decree 117 of 12 January 2016 shall remain in full force, as well as any other rule governing the publicity of acts of government and the right of access to public information.

ARTICLE 39. - Transit clause 2. Until the passive subjects listed in Article 7 of the present report believe the agencies provided for in Article 28, the Public Information Access Agency established by Article 19 shall perform those functions for which they are lacking.

ARTICLE 40. - Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE CATORCE DAYS OF THE SEPTEM OF THE YEAR DOS MIL DIECISÉIS.

— REGISTRATION BAJO N° 27275 —

EMILIO MONZÓ. - FEDERICO PINEDO. - Eugene Inchausti. — Juan P. Tunessi.