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The Right Of Access To The Information Public Object. Exceptions. Alcances.

Original Language Title: DERECHO DE ACCESO A LA INFORMACION PUBLICA OBJETO. EXCEPCIONES. ALCANCES.

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image start infoleg site The Ministry of Justice and Human Rights
ACCESS TO THE PUBLIC INFORMATION SYSTEM

Law 27275

Object. Exceptions. Reaches.

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.

Law:

PRELIMINARY TITLE

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

Presumption of advertising: all information held by the State is presumed to be public, except for the exceptions provided for by this law.

Transparency and maximum disclosure: all information in the possession, custody or under control of the subject must be accessible to all persons. Access to public information can only be limited when one of the exceptions provided for in this law is present, according to the needs of the democratic and republican society, proportional to the interest that justifies them.

Informalism: the rules of procedure for accessing information must facilitate the exercise of the right and its failure to comply with it shall not constitute an obstacle to it. The required subjects cannot found the rejection of the request for information in the non-compliance with formal requirements or procedural rules.

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

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

Decoupling: in that case where some of the information is framed within the exceptions taxatively laid down by this law, the information not excepted must be published in a version of the document that tact, hide or dissociate those parts subject to the exception.

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

Maximum speed: 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, without prejudice to the provisions of this law.

Control: compliance with the rules governing the right of access to information shall be the subject of a permanent audit. Resolutions refusing requests for access to information, such as the silence of the required subject, the ambiguity or the inaccuracy of their response, may be appealed to the competent body.

Responsibility: the failure to comply with the obligations under this law will give rise to liability and give rise to the appropriate penalties.

Limited scope of the exceptions: the limits to the right of access to public information must be exceptional, established in advance as stipulated in this law, and formulated in clear and precise terms, with the responsibility of demonstrating the validity of any restriction on access to the information in charge of the subject to whom 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 be carried out, in case of doubt, always in favor of the greater validity and scope of the right to information.

Facilitation: no public authority may refuse to indicate whether or not a document works in its possession or to deny the disclosure of a document in accordance with the exceptions contained in this law, 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 parties must act in good faith, that is to say, that they interpret the law in such a way as to serve the purposes pursued by the right of access, which 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.

TITLE I

Right of access to public information

Chapter I

General scheme

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

Any information generated, obtained, transformed, controlled or guarded by the persons required by this law is presumed to be public.

ARTICLE 3- Definitions . For the purposes of this law it is understood by:

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

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

ARTICLE 4 °- Active legitimation. Any human or legal person, public or private, has the right to request and receive public information, not being able to require the applicant to motivate the application, to establish a subjective right or legitimate interest or to have a legal sponsorship.

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

The State has an obligation to deliver it in open digital formats, except in exceptional cases where it is impossible to comply or will mean an excessive state effort. The derogations shall be fixed by the Agency for Access to Public Information.

ARTICLE 6- Gratuitousness. Access to public information is free as long as its reproduction is not required. The costs of reproduction are borne by the applicant.

ARTICLE 7- Scope of application. They are obliged to provide public information:

(a) The national public administration, made up of the central government and the decentralized agencies, comprising the social security institutions in the latter;

(b) the legislative branch and the bodies operating in its field;

c) The Judiciary of the Nation;

d) The Public Prosecutor's Office of the Nation;

e) The Public Ministry of Defense;

f) The Council of the Magistracy;

(g) Companies and companies of the State that cover companies of the State, companies of the State, public limited companies with majority state participation, mixed economy companies and all other business organizations where the national State has a majority stake in the capital or in the formation of corporate decisions;

(h) companies and companies in which the national State has a minority shareholding, but only in respect of State participation;

(i) Concessionaires, permits and licensees of public services or concessionary licensees for the use of the public domain, in so far as they comply with public services and in all matters corresponding to the exercise of the function delegated administrative authority; and contractors, providers and borrowers in any other form or form of contract;

(j) Business organisations, political parties, trade unions, universities and any private entity to which public funds have been granted, in so far as it relates solely to information produced in whole or in part or related to the public funds received;

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

(l) non-state public legal persons in all matters governed by public law, and in respect of information produced or related to public funds received;

(m) Trusts which are wholly or partly constituted by resources or assets of the national State;

(n) the cooperating entities with which the national public administration has concluded or concluded agreements with the aim of technical or financial cooperation with state bodies;

(o) The Central Bank of the Republic of Argentina;

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

(q) Dealers, operators, administrators and operators of games of chance, skill and gamble, duly authorised by competent authority.

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

Chapter II

Exceptions

ARTICLE 8- Exceptions. The required subjects may only be exempted from providing the information when any of the following assumptions are made:

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

The reservation in no case shall be able to reach the information necessary to evaluate the definition of the security, defense and foreign relations policies of the Nation; nor that other whose disclosure does not represent a real and identifiable risk of material injury to a legitimate interest linked to such policies;

(b) information which could jeopardise the proper functioning of the financial or banking system;

(c) Industrial, commercial, financial, scientific, technical or technological sectors whose disclosure could damage the level of competitiveness or damage the interests of the subject;

(d) information which compromises the legitimate rights or interests of a third party obtained in a confidential manner;

(e) Information held by the Financial Information Unit responsible for the analysis, processing and transmission of information aimed at the prevention and investigation of the legitimization of assets arising from illegal activities;

(f) Information drawn up by subjects who are required to regulate or supervise financial institutions or prepared by third parties to be used by them and which refer to the examination of the situation, the evaluation of their operating system or the condition of its operation;

(g) Information prepared by legal advisers or lawyers of the national public administration whose publicity may reveal the strategy to be adapted in the defence or processing of a judicial cause or to disclose the techniques or procedures of investigation of any offence or other irregularity or where the information shall deprive a person of the full exercise of due process assurance;

(h) Information protected by professional secrecy;

(i) Information containing personal data and cannot be provided by means of dissociation procedures, unless the conditions of lawfulness provided for in law 25.326 of the protection of personal data and their modifications are complied with;

(j) Information which may cause a danger to the life or safety of a person;

(k) Information of a judicial nature whose disclosure is prohibited by other laws or by commitments entered into by the Argentine Republic in international treaties;

(l) Information obtained from research carried out by the subjects who were required to have the character of the reservation and whose disclosure could frustrate the success of an investigation;

(m) Information relating to an anonymous company subject to the public offering scheme.

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

Chapter III

Request for information and ways of claiming

ARTICLE 9- Request for information. The request for information must be submitted to the subject who has it or is presumed to have it, who will forward it to the person responsible for access to the public information, in the terms of the provisions of article 30 of this law. It may be made 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 purposes of sending the information requested or to announce that it is available.

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

ARTICLE 10.- Processing. If the application relates to public information which is not held by the subject to which it is addressed, the latter shall forward it, within the time limit of five (5) days, computed from the presentation, to the holder, if he is aware of it, or otherwise the Agency for Access to Public Information, and shall inform the applicant of this circumstance.

ARTICLE 11- Deadlines. Any request for public information required in the terms of this law must be satisfied within a period of no more than fifteen (15) working days. The time limit may be extended by way of exception for 15 (15) working days of circumstances which make it reasonably difficult to gather the information requested.

Where appropriate, the required subject must communicate, by way of an established act and before the expiry of the period, the reasons for which it makes use of such an extension.

The petitioner may, for reasons founded, require the reduction of the time limit for responding to and satisfying his request.

ARTICLE 12.- Partial information. The required subjects must provide the requested information in full. Where there is a document containing in part information the access of which is limited in the terms of Article 8 of this Law, the rest of the information requested must be supplied, using cross-section systems.

ARTICLE 13.- Refusals . The required subject may only refuse to provide the information which is the subject of the application, if it is established, if it is verified that it does not exist and that it is not legally obliged to produce it or that it is included in any of the exceptions. provided for in Article 8 of this Law. The lack of substantiation shall determine the nullity of the act of refusal and shall require the delivery of the information required.

The refusal of information must be provided by the highest authority of the requested body or entity.

The silence of the subject, due to the deadlines provided for in Article 11 of this Law, as well as the ambiguity, inaccuracy or incomplete delivery, shall be considered as an unjustified refusal to provide the information.

Refusal in any of its cases shall leave the means of claim provided for in Article 14 of this Law.

ARTICLE 14.- Means of claim. Decisions on access to public information are directly subject to the courts of first instance in the federal administrative dispute, without prejudice to the possibility of bringing the administrative claim relevant to the Agency for Access to Public Information or the body which corresponds to the liability of the taxpayer. The judge at the address of the applicant or the address of the required body shall be competent, with the option of the first.

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

The claim for non-compliance provided for in Article 15 of this Law shall be a substitute for the resources provided for in the National Law on Administrative Procedures, 19,549, and in Decree 1,759 of 3 April 1972 (t.o. 1991).

The claim promoted through court action will be dealt with through the amparo and must be filed within forty (40) working days after the decision rejecting the application has been notified or since the time limit for the application has expired. answer the question, or, on the basis of the verification of any other non-compliance with the provisions of this law. The cases of formal inadmissibility provided for in Article 2 of Law 16,986 shall not apply.

ARTICLE 15.- Claim for non-compliance . In the event of a refusal of a request for information set out in Article 13 of this Law or any other non-compliance with the provisions of the present law, the applicant may, within a period of forty (40) days (a) the competent authorities of the Member States of the European Union and of the Member States of the European Union and of the Member States of the European Union and of the Member States of the European Union; The latter must immediately and without delay raise it to the Agency for Access to Public Information for resolution.

ARTICLE 16.- Formal requirements. The claim for non-compliance shall be filed in writing, indicating the full name, last name and address of the applicant, the subject to whom the request for information was addressed and the date of the filing. It will also be necessary to accompany copies of the request for information submitted and, if any, the response it would have received from the subject.

ARTICLE 17.- Resolution of the complaint filed. Within thirty (30) business days counted from the receipt of the claim for non-compliance, the Agency for Access to Public Information, shall decide:

(a) To reject the claim on the basis of the claim,

I. That it would have been submitted outside the prescribed period;

II. That the same question has been resolved in advance in relation to the same applicant and the same information;

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

IV. In the case of information referred to in one or more of the exceptions provided for in Article 8 of this Law.

V. That the information provided has been complete and sufficient.

If the decision does not involve the publicity of the information, the notification to the requesting subject shall inform the right to appeal to the Court of Justice and the time limits for bringing the action;

(b) Inshore the subject who has refused the information required to comply with the obligations imposed on him by this law. The decision of the Agency for Access to Public Information must be notified within three (3) working days to the applicant of the information and to the subject, at the same time as it must be published on its official website information.

If the decision of the Agency for Access to Public Information is in favour of the applicant, the subject who has failed to comply with the provisions of this law, shall deliver the requested information within a period not exceeding 10 years. (10) working days from 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 supplies it in an incomplete manner or otherwise impedes compliance with this law, incurs a lack of without prejudice to the administrative, property and criminal responsibilities which may be held in accordance with the rules in force.

Chapter IV

Agency for Access to Public Information

ARTICLE 19.- Agency for Access to Public Information . Create the Agency for Access to Public Information as an autarquic entity that will function with functional autonomy in the field of the national executive branch. The Agency for Access to Public Information should ensure compliance with the principles and procedures laid down in this law, ensure the effective exercise of the right of access to public information and promote measures of Active transparency.

ARTICLE 20.- Director of the Agency for Access to Public Information 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 to guarantee the candidate's suitability.

ARTICLE 21.- Procedure for selecting the Director . The procedure for selecting the Director of the Agency for Access to Public Information 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 curricular history of the same in the Official Gazette and two (2) national circulation papers for three (3) days;

(b) The candidate must submit an affidavit in accordance with the rules laid down in the Law on Ethics in the Exercise of the Civil Service, 25,188, and its regulations;

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

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

(e) Citizens, non-governmental organisations, schools, professional associations and academic bodies may, within 15 (15) days from the last publication in the Official Gazette provided for in point (a) of this Article, to present the body in charge of the organisation of the public hearing, in writing and in a well-founded and documented manner, with regard to the candidates. Without prejudice to any submissions made within the same time limit, organisations of relevance in the professional, judicial and academic fields may be required to consider the purposes of their assessment;

(f) Within fifteen (15) days from the expiry of the period laid down in point (e) of this Article, a public hearing shall be held for the assessment of the observations submitted. After and within seven (7) days of the hearing, the national executive branch will take the decision to confirm or withdraw the nomination of the proposed person, and in the latter case, he will propose a new candidate and restart the selection procedure.

ARTICLE 22.- Director's rank and hierarchy. The Director in charge of the Agency for Access to Public Information shall have a rank and a hierarchy of secretary.

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

A history of suitability for the exercise of the function must also be presented.

The exercise of the function requires exclusive dedication and is incompatible with any other public or private activity, except for part-time teaching. Any party activity is prohibited for the duration of the exercise of the function.

No official in charge of the Agency for Access to Public Information may have interests or ties with the matters under its orbit under the conditions established by the Law of Ethics in the Exercise of the Civil Service, 25,188, its amendments and their rules.

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

ARTICLE 24.- Powers and tasks . It is the responsibility and functions of the Agency for Access to Public Information:

(a) Design its organic operating structure and designate its agent plant;

(b) to prepare its annual budget;

(c) Draft and approve the Public Information Access Regulation applicable to all obligated subjects;

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

(e) Require bound subjects to modify or adapt their organization, procedures, systems of public attention and reception of correspondence to the regulations applicable to the purposes of complying with the purpose of this law;

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

(g) Coordinate the work of those responsible for access to the public information designated by each of the obligated subjects, as provided for in Article 30 of this Law;

(h) Develop and publish periodic statistics on the subject matter, public information requested, quantity of refusals, and any other issues that permit citizen control to the provisions of this law;

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

(j) Publish an annual report of the surrender of management accounts;

(k) Develop guiding criteria and indicators of best practice for the required subjects;

(l) To elaborate and present to the Honorable Congress of the Nation proposals for legislative reform regarding their area of competence;

(m) to request the required subjects, reports, documents, background and any other necessary elements for the purpose of carrying out their work;

(n) Disseminate the trainings carried out in order to know the scope of this law;

(o) to receive and resolve the administrative claims made by the applicants for public information in accordance with this law in respect of all persons who are obliged, with the exception of those provided for in points (b) to (f) of Article 7 the present, and publish the resolutions that are given in that framework;

(p) Promote the appropriate judicial actions, for which the Agency for Access to Public Information has active procedural legitimacy in the context of its jurisdiction;

(q) To impose appropriate administrative penalties on the competent authorities concerned in cases of non-compliance with the provisions of this law;

(r) to conclude cooperation agreements and contracts with public or private organisations, whether national or foreign, in the field of their competence, for the performance of their tasks;

s) Publish the rates of reserved information prepared by the obligated subjects.

ARTICLE 25.- Staff of the Agency for Access to Public Information . The Agency for Access to Public Information shall have the technical and administrative staff established by the general budget law of the national administration.

ARTICLE 26.- The Director of the Agency for Access to Public Information ceases. The official in charge of the Agency for Access to Public Information shall cease to be fully entitled to any of the following circumstances:

(a) Renunciation

(b) The expiry of the mandate;

(c) Death;

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

ARTICLE 27.- Removal of the Director of the Agency for Access to Public Information . The official in charge of the Agency for Access to Public Information may be removed for poor performance, for crime in the exercise of his duties or for common crimes.

The national executive branch will carry out the procedure for removing the director of the Agency for Access to Public Information, giving intervention to a bicameral commission of the Honorable Congress of the Nation, which will be presided over by the President of the Senate and will be composed of the presidents of the committees of Constitutional Affairs and Rights and Guarantees of the Honorable Chamber of Senators of the Nation and those of Constitutional Affairs and Freedom of Expression of the Honorable Chamber of Deputies of the Nation, who will issue a binding opinion.

If the vacancy is vacant, the procedure laid down in Article 21 of this Law shall be carried out within a period not longer than thirty (30) days.

ARTICLE 28.- Organizations for access to public information in the legislative branch, in the judicial branch and in public ministries. Within a maximum period of ninety (90) days since the publication of this law in the Official Gazette, the Legislative Branch, the Judicial Branch of the Nation, the Public Prosecutor's Office of the Nation, the Public Ministry of Defense, and the Council of the Magistrature shall establish, each one of them, a body with functional autonomy and with powers and functions identical to those of the Agency for Access to Public Information provided for in Article 24 of this Law, which will act in the the scope of the body in which it is created.

The designation of the director of each of these bodies should be carried out by means of an open, public and transparent selection procedure to ensure the suitability of the candidate.

ARTICLE 29.- Federal Council for Transparency . Create the Federal Council for Transparency, as an interjurisdictional body of permanent character, which will have the objective of technical cooperation and the coordination of policies in the area of transparency and access to public information.

The Federal Council for Transparency will have its headquarters in the Agency for Access to Public Information, from which it will receive administrative and technical support for its operation.

The Federal Council for Transparency will be composed of one (1) representative of each of the provinces and one (1) representative of the Autonomous City of Buenos Aires, who must be the highest ranking officials in the field of their respective jurisdictions. The Federal Council for Transparency will be chaired by the Director of the Agency for Access to Public Information, who will convene semi-weekly meetings where the degree of progress in the area of active transparency and access to the public will be assessed. information in each of the jurisdictions.

Chapter V

Responsible for access to public information

ARTICLE 30.- Responsible for access to public information. Each subject shall appoint a person responsible for access to the 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, in the field of their respective jurisdictions:

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

(b) to monitor and monitor the proper handling of requests for access to public information;

(c) to keep records of requests for access to public information;

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

(e) provide assistance to applicants in the preparation of requests for access to public information and to guide them on the premises or entities that may have the required information;

(f) Promote practices of transparency in public management and the publication of information;

(g) Draw up monthly reports to be forwarded to the Agency for Access to Public Information or to the bodies detailed in Article 28 of this Law, as appropriate, on the number of applications received, the time limits for response and requests that are answered and rejected;

(h) Publish, if appropriate, the information which has been declassified;

(i) to inform and keep updated the different areas of the relevant jurisdiction on the current regulations regarding the keeping, conservation and archiving of the information and to promote practices in relation to these matters, with the the publication of the information and the information processing system;

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

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

TITLE II

Active Transparency

ARTICLE 32.- Active transparency. The persons who are bound by Article 7 of this Law, with the exception of those referred to in points (i) and (q), shall make it easier to search for and access to public information through their official computer network, of a clear, structured and understandable way for stakeholders and to remove any barriers that hinder or hinder their reuse by third parties.

The required subjects must also publish in full, updated, digital media and in open formats:

(a) An index of the public information that is in its possession with the aim of directing people in the exercise of the right of access to public information, indicating, in addition, where and how the application should be made;

(b) its organic structure and functions;

c) The payroll of permanent and temporary plant and other contracting authorities, including consultants, interns, and staff engaged in the framework of projects financed by multilateral organizations, detailing their respective functions and position on the scale;

(d) Pay scales, including all components and subcomponents of the total salary, corresponding to all categories of employees, officials, consultants, interns and contractors;

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

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

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

(h) Any act or resolution of a general or particular nature, in particular the rules establishing benefits for the general public or for a sector, the minutes in which the deliberation of a collegial body shall consist, the shorthand version and the legal and technical opinions produced before the decision and which have served as a basis for or antecedent;

(i) the reports of audits or evaluations, internal or external, carried out in advance, during or later, concerning the body itself, its programmes, projects and activities;

(j) the permits, concessions and authorizations granted and their holders;

(k) the services provided by the body directly to the public, including standards, letters and protocols for customer service;

(i) any mechanism or procedure by means of which the public may submit petitions, access information or in any way participate or influence the formulation of the policy or the exercise of the powers of the subject;

(m) Information on the competent authority to receive requests for public information and the procedures laid down by this law to bring claims before the refusal;

(n) an index of procedures and procedures to be carried out before the body, as well as the requirements and criteria for granting access to benefits;

(o) Mechanisms for the direct submission of requests or complaints made available to the public in relation to actions or omissions of the subject;

(p) a guide containing information on their systems for the maintenance of documents, the types and forms of information in their possession and the categories of information they publish;

(q) Agreed upon, resolutions and judgments which are required to be published in accordance with the provisions of Law 26,856;

(r) Information that meets the requirements of public information carried out more frequently;

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

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

ARTICLE 33.- Wider scheme of advertising. The obligations of active transparency contained in Article 32 of this Law are without prejudice to the application of other specific provisions providing for a wider system of advertising.

ARTICLE 34.- Exceptions to active transparency. For the purposes of compliance with Article 32 of this Law, the exceptions to the right of access to public information provided for in Article 8 of this rule and, in particular, that referred to in Article 8 of this Law shall apply, where appropriate. information that contains personal data.

TITLE III

Transitional implementing provisions

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

Provision should be made in the budget for the immediate year following the incorporation of the necessary resources for the proper implementation of the tasks of the Agency for Access to Public Information.

ARTICLE 36.- Accession. I invited 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 ninety (90) days of its enactment.

ARTICLE 38.- Transitional clause 1. The provisions of this Law shall enter into force the year of its publication in the Official Gazette.
The obligated subjects shall have the maximum period of one (1) year from the publication of this law in the Official Gazette, in order to adapt to the obligations contained therein.

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

ARTICLE 39.- Transitional clause 2 . Until the taxable persons referred to in Article 7 of this Regulation establish the bodies referred to in Article 28, the Agency for Access to Public Information set up by Article 19 shall carry out those tasks in respect of those who do not that body.

ARTICLE 40. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE FOURTEENTH DAY OF SEPTEMBER OF THE YEAR TWO THOUSAND SIXTEEN.

-REGISTERED UNDER NO 27275-

EMILIO MONZO. -FEDERICO PINEDO. -Eugenio Inchausti. -Juan P. Tunessi.