General Law on Free Access to Public Information No. 200-04

1 General Law on Free Access to Public Information, No. 200-04. THE NATIONAL CONGRESS In the Name of the Republic Law No. 200-04

CONSIDERING: That the Constitution of the Dominican Republic in its Article 2 establishes that: "National sovereignty belongs to the people, from whom all Powers of the State emanate, which are exercised by representation."

CONSIDERING: That the Universal Declaration of Human Rights (United Nations 1948) in its Article 19 establishes that: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

CONSIDERING: That Article 8, Paragraph 10 of the Constitution of the Republic establishes that: "All means of information have free access to official and private news sources, provided they do not go against public order or endanger national security."

CONSIDERING: That Article 13 of the Inter-American Convention on Human Rights (Pact of San José de Costa Rica), ratified by the Dominican Republic through Resolution No. 739, dated December 25, 1977, establishes that: "Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice."

CONSIDERING: That the International Covenant on Civil and Political Rights, ratified through Resolution 684, dated October 27, 1977, establishes that: The exercise of the right to investigate and receive information and opinions and to disseminate them entails special duties and responsibilities; and that consequently, it may be subject to certain restrictions, which shall, however, be expressly provided by law and be necessary to ensure respect for the rights or reputations of others and the protection of national security, public order, or public health or morals.

CONSIDERING: That the aforementioned International Covenant on Civil and Political Rights in its Part II, numeral 2, establishes that: each State Party undertakes to adopt, in accordance with its constitutional procedures and the provisions of the same Covenant, such measures as may be necessary to give effect to the rights recognized in it and which are not already guaranteed by legislative or other provisions.

CONSIDERING: That the right of individuals to investigate and receive information and opinions and to disseminate them is enshrined as a universal principle in several international conventions ratified by the Dominican Republic, for which reason the State is under the duty to guarantee free access to information held by its institutions.

CONSIDERING: That in accordance with what is established in the paragraph of Article 3 of our Constitution: "The Dominican Republic recognizes and applies the norms of general and American International Law to the extent that its powers have adopted them...."

2 CONSIDERING: That, as established in Article 8 of the Constitution of the Republic, the main purpose of the State is the effective protection of the rights of the human person and the maintenance of the means that allow it to progressively perfect itself within an order of individual liberty and social justice, compatible with public order, general welfare, and the rights of all.

CONSIDERING: That the right of access to government information is one of the sources of development and strengthening of representative democracy insofar as it allows citizens to analyze, judge, and evaluate in a complete manner the acts of their representatives, and stimulates transparency in the acts of the Government and the Administration.

CONSIDERING: That to guarantee free access to public information, a law is required to regulate its exercise and that, among other things, establishes the exceptions admitted to this universal right in the case that there is a real and imminent danger threatening national security or public order.

VIEWING the Constitution of the Dominican Republic in its Articles 2, 3, and 8. VIEWING the Universal Declaration of Human Rights (United Nations 1948). VIEWING the International Covenant on Civil and Political Rights. VIEWING Article 13 of the Inter-American Convention on Human Rights (Pact of San José de Costa Rica).

HAS GIVEN THE FOLLOWING LAW: GENERAL LAW ON FREE ACCESS TO PUBLIC INFORMATION

CHAPTER I RIGHT TO INFORMATION AND ACCESS TO FILES AND MINUTES OF AN ADMINISTRATIVE NATURE

Article 1.- Every person has the right to request and receive complete, truthful, adequate, and timely information from any organ of the Dominican State, and from all joint-stock companies, anonymous companies, or limited liability companies with state participation, including: a) Bodies and entities of the centralized public administration; b) Autonomous and/or decentralized bodies and entities of the State, including the National District and municipal bodies; c) Autarchic and/or decentralized bodies and entities of the State; d) Enterprises and commercial societies owned by the State; e) Joint-stock companies, anonymous companies, and limited liability companies with state participation; f) Bodies and institutions of private law that receive resources from the National Budget for the achievement of their purposes; g) The Legislative Power, regarding its administrative activities; h) The Judicial Power, regarding its administrative activities.

Article 2.- This right to information comprises the right to access the information contained in minutes and files of the public administration, as well as to be informed periodically, when required, of the activities carried out by entities and persons performing public functions, provided that this access does not affect national security, public order, public health or morals, or the right to privacy and intimacy of a third party or the right to the reputation of others. It also comprises the freedom to seek, request, receive, and disseminate information belonging to the State administration and to formulate inquiries to entities and persons performing public functions, having the right to obtain copies of documents that compile information on the exercise of their competence activities, with the only limitations, restrictions, and conditions established in this law. Paragraph: For the purposes of this law, minutes and files shall be understood as all those documents preserved or recorded in written, optical, acoustic, or any other form, that fulfill purposes or objectives of a public nature. Drafts or projects that do not constitute definitive documents and therefore do not form part of an administrative procedure shall not be considered minutes or files.

PUBLICITY

Article 3.- All acts and activities of the Public Administration, centralized and decentralized, including the administrative acts and activities of the Legislative and Judicial Powers, as well as information regarding their functioning, shall be subject to publicity. Consequently, it shall be mandatory for the Dominican State and all its powers and autonomous, autarchic, centralized, and/or decentralized organisms to present a permanent and updated information service referring to: a) Approved budgets and calculations of resources and expenses, their evolution and execution status; b) Programs and projects, their budgets, deadlines, execution, and supervision; c) Calls for tenders, contests, purchases, expenses, and results; d) Lists of officials, legislators, magistrates, employees, categories, functions, and remunerations, and the sworn asset declaration when its presentation corresponds by law; e) List of beneficiaries of assistance programs, subsidies, scholarships, retirements, pensions, and withdrawals; f) Status of public debt accounts, their maturities, and payments; g) Laws, decrees, resolutions, provisions, regulatory frameworks, and any other type of regulation; h) Indices, statistics, and official values; i) Legal and contractual regulatory frameworks for the provision of public services, conditions, negotiations, tariff tables, and sanctions; j) Any other information whose availability to the public is provided for in special laws.

DUTIES OF THE STATE, ITS POWERS, AND INSTITUTIONS

Article 4.- It shall be mandatory for the Dominican State and all its powers, organisms, and entities indicated in Article 1 of this law to provide the information established by this law with an obligatory character and permanent update availability, and the information that may be specially requested by interested parties. To achieve these objectives, their highest authorities are obliged to establish an internal organization, such that information of public interest is systematized, both to provide access to interested persons and for its publication through available media. Paragraph.- The obligation to provide information to whoever requests it extends to any legally constituted or forming organism that is a recipient of public funds, including constituted or forming political parties, in which case the information will include the identity of the contributors, origin, and destination of the operating and management funds.

Article 5.- The informatization and incorporation into the internet communication system or any other similar system that may be established in the future of all centralized and decentralized public organisms of the State, including the National District and municipalities, is ordered, with the purpose of guaranteeing through this a direct public access to State information. All powers and organisms of the State shall implement the publication of their respective "Web Pages" for the following purposes: a) Dissemination of information: Structure, members, operating regulations, projects, management reports, databases; b) Exchange and customer/user service center: Inquiries, complaints, and suggestions; c) Bilateral procedures or transactions. The information referred to in the previous paragraph shall be freely accessible to the public without the need for a prior request.

TYPE OF INFORMATION

Article 6.- The Public Administration, both centralized and decentralized, as well as any other organ or entity that exercises public functions or executes public budget, and the other entities and organs mentioned in Article 1 of this law, have the obligation to provide the information contained in written documents, photographs, recordings, magnetic or digital media, or in any other format, that has been created or obtained by them or that is in their possession and under their control. Paragraph.- For the purposes of this law, information shall be considered any type of financial documentation related to the public budget or coming from private financial institutions that serves as the basis for a decision of an administrative nature, as well as the minutes of official meetings.

CHAPTER II PROCEDURE FOR THE EXERCISE OF THE RIGHT TO INFORMATION AND ACCESS TO INFORMATION

Article 7.- The request for access to information must be presented in writing and must contain at least the following requirements for processing: a) Full name and qualifications of the person making the request; b) Clear and precise identification of the data and information required; c) Identification of the public authority possessing the information; d) Motivation of the reasons why the requested data and information are required; e) Place or means to receive notifications. Paragraph I.- If the request does not contain all the required data, the Administration shall inform the applicant so that they may correct and complete the data; for this purpose, the citizen will have the support of the corresponding office designated by the Administration organ to receive requests. Paragraph II.- If the request is presented to an office that is not competent to deliver the information or does not have it because it is not within its competence, the receiving office must send the request to the competent administration for processing in accordance with the terms of this law. In no case shall the presentation of a request to a non-competent office give rise to the rejection or filing of an access request made by an interested person. Paragraph III.- In the event that the request must be rejected for any of the reasons provided for in this law, this rejection must be communicated to the applicant in writing within five (5) working days, counted from the day of receipt of the request.

3 Paragraph IV.- The Public Administration, both centralized and decentralized, as well as any other organ or entity that exercises public functions or executes public budget, is under the obligation to provide citizens with simple and accessible information regarding the procedures and steps they must complete to request the information they require, the competent authorities or instances, the method for making the request, how to fill out the required forms, as well as the departments before which one can go to request guidance or formulate complaints, inquiries, or claims regarding the provision of the service or the exercise of the functions or competencies assigned to the entity or person in question.

DEADLINE FOR DELIVERING INFORMATION

Article 8.- Any request for information required under the terms of this law must be satisfied within a maximum period of fifteen (15) working days. The deadline may be exceptionally extended by another ten (10) working days in cases where circumstances make it difficult to gather the requested information. In this case, the requested organ must, through communication signed by the responsible authority, before the expiration of the fifteen (15) day deadline, communicate the reasons why it will use the exceptional extension.

Article 9.- Failure to comply with the deadlines established in the previous article, as well as any conduct that violates, limits, prevents, restricts, or hinders the right of access to information according to what is established in this law, shall constitute a serious offense for the official in the exercise of their functions, without prejudice to the application of the corresponding sanctioning regime.

ADMINISTRATIVE SILENCE

Article 10.- If the organ or entity to which the information is requested allows the granted deadlines to expire without delivering the requested information or offering the legal reasons preventing its delivery, it shall be considered as a denial of the information and, therefore, as a violation of this law; consequently, the sanctions provided for in this law shall be applied to the responsible officials.

FORM OF DELIVERY OF REQUESTED INFORMATION

Article 11.- The requested information may be delivered in person, by telephone, facsimile, ordinary mail, certified mail, or also by electronic mail, or through formats available on the Internet page that the administration referred to in Article 1 of this law has prepared for this purpose.

EVIDENTIARY MEANS OF THE FORMS OF DELIVERY OF INFORMATION

Article 12.- A system for demonstrating the effective delivery of information to the citizen shall be established by regulation, taking the corresponding technical precautions, such as encryption rules, electronic signature, authenticity certificates, and manual electronic delivery reports.

PREVIOUSLY PUBLISHED INFORMATION

Article 13.- In the event that the information requested by the citizen is already available to the public in printed media, such as books, compendiums, brochures, public archives of the administration, as well as in electronic formats available on the Internet or any other medium, the source, place, and manner in which they can access said previously published information shall be informed to them through reliable means.

GRATUITOUSNESS

Article 14.- Public access to information is free as long as reproduction of the same is not required. In all cases, the rates charged by institutions must be reasonable and calculated, taking as a base the cost of supplying the information.

Article 15.- The organism may set fees intended to cover the differentiated costs demanded by the search and reproduction of information, without this implying, in any case, impairment of the exercise of the right of access to public information. It may also establish differentiated fees when the information is requested to be used as part of an activity for profit or for such purposes; and may exempt from payment when the request is made by educational, scientific, non-profit institutions, or those linked to activities declared of public interest or social interest.

Article 16.- The person who is impeded in the exercise of the right of access to information may exercise the Amparo Recourse established in Article 30 of this law.

LIMITATION ON ACCESS REASON OF PREPONDERANT PUBLIC INTERESTS

Article 17.- The following limitations and exceptions to the obligation to inform of the State and the institutions indicated in Article 1 of this law are established with a taxative character: a) Information related to the defense or security of the State, which has been classified as "reserved" by law or by decree of the Executive Power, or when it may affect the country's international relations; b) When the late delivery of the information may affect the success of a measure of a public nature; c) When it concerns information that could affect the functioning of the banking or financial system; d) When the delivery of said information may compromise the procedural strategy prepared by the administration in the processing of a judicial case or the duty of secrecy that the lawyer or official exercising the representation of the State must keep regarding the interests of their representation; e) Information classified as "secret" to protect scientific, technological, communications, industrial, or financial strategies and projects, the disclosure of which may harm national interest; f) Information whose dissemination could harm the State's strategy in administrative investigation procedures; g) When it concerns information whose knowledge could violate the principle of equality among bidders, or information defined in the terms of reference as confidential access, in accordance with national legislation on administrative contracting and complementary provisions; h) When it concerns information referring to councils, recommendations, or opinions produced as part of the deliberative and consultative process prior to the taking of a government decision. Once the government decision has been taken, this specific exception ceases if the administration opts to expressly refer to said councils, recommendations, or opinions; i) When it concerns commercial, industrial, scientific, or technical secrets, owned by private parties or the State, or reserved or confidential industrial, commercial information of third parties that the administration has received in reason of a procedure or management initiated to obtain some permit, authorization, or any other procedure and has been delivered with that sole purpose, the disclosure of which may cause economic harm; j) Information on which the secrecy imposed by laws or judicial or administrative decisions in particular cases cannot be violated; k) Information whose disclosure may damage or affect the right to intimacy of persons or put their life or security at risk; l) Information whose publicity would put public health and safety, the environment, and public interest in general at risk.

LIMITATION ON ACCESS REASON OF PREPONDERANT PRIVATE INTERESTS

Article 18.- The request for information made by interested parties may be rejected when it may affect preponderant private interests and rights; it shall be understood that this circumstance occurs in the following cases: When it concerns personal data whose publicity could mean an invasion of personal privacy. Nevertheless, the Administration could deliver these data and information if in the petition the applicant manages to demonstrate that this information is of public interest and that it will contribute to the clarification of an investigation underway in the hands of another organ of the public administration. When access to the requested information may affect the right to intellectual property, especially copyright of a citizen. When it concerns personal data, they must be delivered only when there is express, unequivocal evidence that the affected party consents to the delivery of said data or when a law obliges their publication.

SPECIAL CASES IN WHICH CONSENT OF THE PERSON OR ENTITY WITH RIGHT TO RESERVES OF THEIR INFORMATION AND DATA IS OBTAINED

Article 19.- When access to information depends on the authorization or consent of a third party protected by rights of reserves or informational self-determination in the terms of Articles 2 and 16 of this law, the information may be delivered when express consent has been given by the affected party. This consent may also be requested from the affected party by the administration when so requested by the petitioner or requester. If within fifteen (15) days or twenty-five (25) days, in the case that the exceptional extension has been opted for, there is no demonstration before the requested administration that the consent referred to in this article has been given, it shall be considered, for all legal effects, that said consent has been denied.

DELIVERY OF INFORMATION AND DATA BETWEEN ORGANISMS OF THE ADMINISTRATION

Article 20.- When it does not concern personal data, especially protected by the right to informational self-determination of the citizen, the administrations indicated in Article 1 of this law may allow direct access to reserved information, collected in their archives, provided that they are used for the normal course of the competencies of the requesting entities and organs and respect, consequently, the principle of adequacy to the public purpose that gave meaning to the delivery of the

4 information. The administration receiving the information shall be responsible for maintaining the confidentiality of the data and using them exclusively for the purposes for which they were provided.

RECURSES AND SANCTIONS

Article 21.- Any person who considers that their right to access information has been violated may file a complaint before the corresponding administrative body or, subsidiarily, before the competent court.

Article 22.- The sanctions for violations of this law shall be established in the corresponding regulations, without prejudice to the civil and criminal liabilities that may arise.

FINAL PROVISIONS

First.- This law shall enter into force upon its publication in the Official Gazette.

Second.- The provisions of this law shall apply to all state organs and entities, regardless of their nature or structure.

Third.- The Ministry of Justice and Public Security is responsible for issuing the regulations necessary for the implementation of this law.

Given in the National Palace, in Santo Domingo, D.N., on the twenty-fourth day of the month of May of the year two thousand and four.

THE PRESIDENT OF THE REPUBLIC

THE SECRETARY OF STATE FOR JUSTICE AND PUBLIC SECURITY

THE SECRETARY OF STATE FOR THE INTERIOR AND POLICE

THE SECRETARY OF STATE FOR FINANCE AND PUBLIC CREDIT

THE SECRETARY OF STATE FOR THE PRESIDENCY

THE SECRETARY OF STATE FOR FOREIGN AFFAIRS

THE SECRETARY OF STATE FOR AGRICULTURE

THE SECRETARY OF STATE FOR INDUSTRY AND COMMERCE

THE SECRETARY OF STATE FOR EDUCATION

THE SECRETARY OF STATE FOR HEALTH AND PUBLIC ASSISTANCE

THE SECRETARY OF STATE FOR LABOR

THE SECRETARY OF STATE FOR PUBLIC WORKS AND TRANSPORTATION

THE SECRETARY OF STATE FOR ENVIRONMENT AND NATURAL RESOURCES

THE SECRETARY OF STATE FOR YOUTH AND SPORTS

THE SECRETARY OF STATE FOR WOMEN'S AFFAIRS

THE SECRETARY OF STATE FOR SCIENCE, TECHNOLOGY, AND COMMUNICATIONS

THE SECRETARY OF STATE FOR TOURISM

THE SECRETARY OF STATE FOR AGRICULTURE AND LIVESTOCK

THE SECRETARY OF STATE FOR WATER RESOURCES

THE SECRETARY OF STATE FOR ENERGY

THE SECRETARY OF STATE FOR HOUSING

THE SECRETARY OF STATE FOR LAND USE AND TERRITORIAL PLANNING

THE SECRETARY OF STATE FOR CULTURE

THE SECRETARY OF STATE FOR SCIENCE, TECHNOLOGY, AND INNOVATION

THE SECRETARY OF STATE FOR DIGITAL TRANSFORMATION

THE SECRETARY OF STATE FOR CYBERSECURITY

THE SECRETARY OF STATE FOR ARTIFICIAL INTELLIGENCE

THE SECRETARY OF STATE FOR BLOCKCHAIN TECHNOLOGY

THE SECRETARY OF STATE FOR CLOUD COMPUTING

THE SECRETARY OF STATE FOR BIG DATA

THE SECRETARY OF STATE FOR INTERNET OF THINGS

THE SECRETARY OF STATE FOR ROBOTICS

THE SECRETARY OF STATE FOR AUTOMATION

THE SECRETARY OF STATE FOR DIGITAL IDENTITY

THE SECRETARY OF STATE FOR E-GOVERNMENT

THE SECRETARY OF STATE FOR OPEN DATA

THE SECRETARY OF STATE FOR DATA PROTECTION

THE SECRETARY OF STATE FOR PRIVACY

THE SECRETARY OF STATE FOR INFORMATION SECURITY

THE SECRETARY OF STATE FOR NETWORK SECURITY

THE SECRETARY OF STATE FOR APPLICATION SECURITY

THE SECRETARY OF STATE FOR INFRASTRUCTURE SECURITY

THE SECRETARY OF STATE FOR PHYSICAL SECURITY

THE SECRETARY OF STATE FOR PERSONNEL SECURITY

THE SECRETARY OF STATE FOR OPERATIONAL SECURITY

THE SECRETARY OF STATE FOR LOGICAL SECURITY

THE SECRETARY OF STATE FOR PHYSICAL SECURITY

THE SECRETARY OF STATE FOR PERSONNEL SECURITY

THE SECRETARY OF STATE FOR OPERATIONAL SECURITY

THE SECRETARY OF STATE FOR LOGICAL SECURITY

THE SECRETARY OF STATE FOR PHYSICAL SECURITY

THE SECRETARY OF STATE FOR PERSONNEL SECURITY

THE SECRETARY OF STATE FOR OPERATIONAL SECURITY

THE SECRETARY OF STATE FOR LOGICAL SECURITY