Supreme Decree No. 007-2024-JUS: Regulations of the Law on Transparency and Access to Public Information

SPECIAL SUPPLEMENT
MINISTRY OF JUSTICE AND
HUMAN RIGHTS
SUPREME DECREE
No. 007-2024-JUS
SUPREME DECREE
APPROVING THE
REGULATIONS OF THE LAW
ON TRANSPARENCY AND
ACCESS TO PUBLIC
INFORMATION
LEGAL NORMS
“YEAR OF THE BICENTENNIAL, OF THE CONSOLIDATION OF OUR INDEPENDENCE, AND OF THE COMMEMORATION OF THE HEROIC BATTLES OF JUNÍN AND AYACUCHO” FOUNDED ON OCTOBER 22, 1825 BY THE LIBERATOR SIMÓN BOLÍVAR THURSDAY, MAY 16, 2024

2 LEGAL NORMS Thursday, May 16, 2024 / El Peruano

El Peruano / Thursday, May 16, 2024 LEGAL NORMS 3 SUPREME DECREE No. 007-2024-JUS THE PRESIDENT OF THE REPUBLIC CONSIDERING:
That, Article 1 of Law No. 27806, Law on Transparency and Access to Public Information, states that its purpose is to promote the transparency of State acts and regulate the fundamental right of access to public information enshrined in item 5 of Article 2 of the Political Constitution of Peru; That, by Supreme Decree No. 072-2003-PCM, the Regulations of the Law on Transparency and Access to Public Information were approved, which regulate the application of the norms and the execution of the procedures established in the aforementioned law; That, as provided in items l) and r) of Article 7 of Law No. 29809, Law on the Organization and Functions of the Ministry of Justice and Human Rights, it is a specific function of the Ministry of Justice and Human Rights, among others, to study and propose the enactment and reform of legislation, as well as others established by law; That, as established in Article 3 of Legislative Decree 1353, Legislative Decree that creates the National Authority for Transparency and Access to Public Information, which strengthens the Personal Data Protection Regime and the regulation of interest management, the Ministry of Justice and Human Rights exercises said National Authority; That, as established in items 1 and 5 of Article 4 of said Legislative Decree No. 1353, it corresponds to the National Authority for Transparency and Access to Public Information to propose policies and foster culture in matters of transparency and access to public information; That, with the enactment of Laws No. 27927, No. 29239, No. 29973, No. 30934 and No. 31783 and Legislative Decrees No. 1106, No. 1353 and No. 1416, articles are modified and incorporated into Law No. 27806; That, the Regulations of the Law on Transparency and Access to Public Information, approved by Supreme Decree No. 072-2003-PCM, have not reflected all the modifications proposed to Law No. 27806; That, the evolution of the legislation in matters of transparency and access to public information requires the incorporation of new provisions, as well as the modification of the provisions proposed in the Regulations of the Law on Transparency and Access to Public Information, approved by Supreme Decree No. 072-2003-PCM; That, item 39.1 of Article 30 of the Regulations of Law No. 26889, Framework Law for Legislative Production and Systematization, approved by Supreme Decree No. 007-2022-JUS, establishes that the coexistence of the original legal norm and subsequent and successive substantial modifications must be avoided, by formulating a new provision in its entirety; That, the substantial modifications required to the current Regulations of Law No. 27806 cover almost all of its articles; That, in that context, it is necessary to issue a new Regulations of Law No. 27806, with the purpose of establishing provisions oriented to complement and develop what is provided in Law No. 27806; That, the new Regulations of Law No. 27806 falls within the exception for the development of
the regulatory impact analysis, contemplated in item 18 of Article 28.1 of Supreme Decree No. 063-2021-PCM, which approves the Regulations that develop the Institutional Framework governing the Process of Improvement of Regulatory Quality and establishes the General Guidelines for the application of the Ex Ante Regulatory Impact Analysis. In accordance with item 8 of Article 118 of the Political Constitution of Peru; Law No. 29158, Organic Law of the Executive Power; Law No. 29809, Law on the Organization and Functions of the Ministry of Justice and Human Rights; and, Law No. 27806, Law on Transparency and Access to Public Information; DECREES:
Article 1.- Approval
Approve the Regulations of Law No. 27806, Law on Transparency and Access to Public Information, whose text is composed of five (05) General Provisions, sixty-seven (67) articles, six (6) Final Complementary Provisions, four (4) Transitory Complementary Provisions and one (01) Annex, which form an integral part of this Supreme Decree.
Article 2.- Counter-signature
This Supreme Decree is counter-signed by the Minister of Justice and Human Rights.
Article 3.- Publication
This Supreme Decree, the Regulations and the Annex approved in Article 1 are published in the Unique Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe) and in the digital headquarters of the Ministry of Justice and Human Rights (www.gob.pe/minjus), on the same day of the publication of this norm and its Regulations in the Official Journal El Peruano. COMPLEMENTARY DEROGATORY PROVISION Sole.- Derogation Repeal Supreme Decree No. 072-2003-PCM, which approves the Regulations of the Law on Transparency and Access to Public Information. Given in the Government House, in Lima, on the fifteenth day of the month of May of the year two thousand twenty-four. DINA ERCILIA BOLUARTE ZEGARRA President of the Republic EDUARDO MELCHOR ARANA YSA Minister of Justice and Human Rights

4 LEGAL NORMS Thursday, May 16, 2024 / El Peruano REGULATIONS OF THE LAW ON TRANSPARENCY AND ACCESS TO PUBLIC INFORMATION PRELIMINARY TITLE GENERAL PROVISIONS
Article I.- Object
These Regulations have the purpose of developing Law No. 27806, Law on Transparency and Access to Public Information, hereinafter referred to as “the Law”, in order to guarantee the exercise of the fundamental right of access to public information, allowing adequate compliance with its provisions by public entities and natural and legal persons.
Article II.- Purpose
These Regulations have the purpose of contributing to the promotion of the transparency of State acts and the exercise of the fundamental right of access to public information, regulated in item 5 of Article 2 of the Political Constitution of Peru.
Article III.- Definitions
For the purposes of these Regulations, the following definitions are established:
3.1 Electronic database: Structured set of data on an electronic medium that allows its collection, organization, updating and processing.
3.2 Appeals: Document containing the motivation or justification that supports the attention to the request presented by the applicant, which is sent to the Transparency and Access to Public Information Tribunal on the grounds for the denial of information, allowing this resolving body to have the necessary elements to issue its decision as the last administrative instance. It does not correspond to the exercise of the right to defense of the entity.
3.3 Concrete and precise expression of the information request: Information request that contains data to individualize the required information, which may refer to the type or number of document, area or issuing or receiving subject, date or period in which it was issued or received, subject matter, among others. The information request for emails minimally contains the ownership of the email and the period. The entity must consider the information asymmetry.
3.4 Official responsible for the area holding the information: Official or civil servant who is in charge of the area that created, obtained, has possession or control of the requested information.
3.5 Official responsible for attending information access requests: Official or public servant designated by the highest authority of the entity or, in case of delegation, by the General Secretary or whoever acts in their stead, whose main function is to attend information access requests and direct access requests, presented before the entity.
3.6 Official responsible for the Standard Transparency Portal: Official or public servant designated by the highest authority of the entity or, in case of delegation, by the General Secretary or whoever acts in their stead, in charge of implementing the entity's Standard Transparency Portal, as well as gathering and updating the information published in this digital channel.
3.7 Institutional information of a public nature: Information contained in written documents, photographs, recordings, magnetic or digital medium, institutional emails or in any other format, which are not included in the exceptions provided for in articles 15, 15-A and 15-B of the Law.
3.8 Legal persons under private regime: Institutions subject to the private regime that provide public services or exercise administrative functions, by virtue of concession, delegation or authorization of the State, in accordance with the regulations on the matter.
3.9 Sanctioning procedure: Set of acts aimed at determining the existence or not of administrative responsibility, that is, the commission of an infringement of the transparency and access to public information regulations, as well as the application of the corresponding sanction.
3.10 Documentary reception unit: Documentary reception unit, documentary procedure or front desk, both physical or in-person and digital.
Article IV.- Scope of application
These Regulations apply to the entities of the Public Administration indicated in Article 2 of the Law and its amendments. Likewise, with respect to the administrative procedure for access to information, it applies to State-owned companies.
Article V.- Excluded circumstances from the scope of application
The following circumstances are not included in the scope of application of these Regulations:
5.1 Information requests from congresspersons of the Republic, which are governed by the Political Constitution of Peru and the Regulations of Congress.
5.2 Information requests between public entities, which are governed by the duty of collaboration regulated in Law No. 27444, General Administrative Procedure Law.
5.3 Information requests from authorities with specific attributes to request information, which are governed by the special regulations applicable to them.
5.4 Requests from applicants intended to request an audience, interview or consult with the entities or their areas on the matters under their charge and/or the meaning of the regulations, including that issued by the entity itself, which are governed by the procedure contemplated for the consultative petition regulated in Law No. 27444, General Administrative Procedure Law or other special norms.
5.5 Requests from applicants intended for the entity to record a fact in a specific document, which are governed by the procedure contemplated for the right to petition regulated in Law No. 27444, General Administrative Procedure Law or other special norms.
5.6 Requests for obtaining special information from entities that have an authorizing law or another norm that complies with legality and that empower them to provide certain documentation in simple, certified or notarized copies as part of their functions. The services that result in simple, certified or notarized copies must be considered in their Single Text of Administrative Procedures (TUPA), Single Text of Non-Exclusive Services or other management documents, which are governed by their special regulations.
5.7 Requests for delivery of certified or notarized copies, which are governed by the procedure designed for such effects by the entities and Law No. 27444, General Administrative Procedure Law.
TITLE I
OBLIGATIONS OF OFFICIALS IN MATTERS OF
TRANSPARENCY AND ACCESS TO PUBLIC INFORMATION AND RULES FOR THEIR ADEQUATE COMPLIANCE
CHAPTER I
OBLIGATIONS OF OFFICIALS IN MATTERS OF
TRANSPARENCY AND ACCESS TO PUBLIC
INFORMATION
Article 1.- Obligations of the highest authority of the entity
The obligations of the highest authority of the entity, under responsibility, are the following:
1.1 Adopt the necessary measures, within their functional scope, that allow guaranteeing the exercise of the right of access to public information and the compliance with transparency obligations in the entity.
1.2 Designate the officials responsible for attending information access requests, or delegate this designation power to the General Secretary or whoever acts in their stead. This designation may fall on a specific official or position, who preferably must have knowledge on the matter. Optionally, entities may designate substitute official(s).
1.3 Designate the official responsible for the implementation and updating of the Standard Transparency Portal, or delegate this designation power to the General Secretary or whoever acts in their stead. This designation may fall on a specific official or position, who preferably must have knowledge on the matter. Optionally, entities may designate substitute official(s).
1.4 Ensure that the official responsible for attending information access requests, as well as the official responsible for the implementation and updating of the Standard Transparency Portal, have the necessary conditions for the fulfillment of their functions, among them, enumeratively:
1.4.1 That all those responsible for the holding areas attend in a timely manner the information requirements formulated by the official responsible for attending information access requests as well as by the official responsible for the implementation and updating of the Standard Transparency Portal.
1.4.2 Have the necessary human, technological and budgetary resources for the attention of information requests and the other functions in matters of transparency and access to information that correspond to them.
1.4.3 Receive permanent training on the topics of transparency and access to public information for the adequate exercise of their functions.
1.4.4 Have a registry of information access requests.
1.5 Classify and register information of a secret and reserved nature and/or designate the officials in charge of such classification and registration.
1.6 Order that security measures be adopted that allow adequate use and control of restricted access information.
1.7 Order, immediately upon learning of the facts, the initiation of administrative and/or judicial actions to identify and, if applicable, sanction and demand the corresponding reparations from those responsible for the loss or destruction, extraction, alteration or improper modification of the information in the possession of the entity.
1.8 Order the immediate recovery or reconstruction of the information affected by any of the aforementioned conducts.
1.9 Guarantee access to information, considering the cultural diversity of the country, particularly the sociocultural, linguistic and geographical characteristics of the different peoples that coexist in its territory, with emphasis on indigenous or native peoples.
1.10 Promote access to disaggregated information by sex, age, ethnic self-identification, native language, disability, geographical area of origin, among others.
1.11 Others established in the Law.
Article 2.- Obligations of the official responsible for attending information access requests
The obligations of the official responsible for attending information access requests, under responsibility, are the following:
2.1 Attend information access requests within the deadlines established by the Law, for which they must follow up on the compliance with the deadlines by the official responsible for the holding area of the information; as well as direct access requests.
2.2 Request the information from the entity area that created or obtained it, or that has it in its possession or control.
2.3 Communicate the use of the extension, when the official responsible for the holding area decides to use it.

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2.4 Prepare the liquidation of the reproduction cost and communicate to the applicant its availability.
2.5 Deliver the information to the applicant, after verifying the cancellation of the reproduction cost.
2.6 In case the information request must be rejected for any of the reasons provided for in the Law, they must communicate in writing to the applicant the denial response of the official responsible for the holding area, for which they must review if this is supported by what is provided in item 4.4 of these Regulations. This obligation also includes reviewing if the response to the request is complete.
2.7 Identify defects or omissions in the mandatory requirements of the request, except when it is the concrete and precise expression of the information request; and require the correction. If the defect in the concrete and precise expression of the information request is evident or this requirement is omitted, they must require the correction.
2.8 Route the request to the obligated entity or to the one that holds it when the entity is not obligated to hold the requested information, and communicate said routing to the applicant, in accordance with Article 20 of these Regulations.
2.9 Communicate to the Secretariat of Disciplinary Administrative Procedures or the body acting in its stead of the corresponding entity, the alleged infringing conducts of the official responsible for the holding area, that prevent the attention of information access requests.
2.10 In case appeals are filed before the entity that denied access to the information, without any prior qualification, they must elevate them to the Tribunal along with the administrative file generated in the attention of the information access request, within two (2) business days following the presentation, taking into consideration articles 130 and 135 of Law No. 27444, General Administrative Procedure Law.
2.11 Elevate to the Tribunal the appeals formulated by the official responsible for the holding area of the information along with the administrative file generated in the attention of the information access request. The file will always be attached unless it has been sent with the appeal. In case the appeal refers to their functions, they must formulate appeals on this point.
2.12 Implement and/or update a registry of information access requests, which must contain, at minimum, the following information: the name of the applicant, the information requested, the dates of presentation and attention of the request, the deadline in which the request was attended, indication of the use or not of the extension, the type of response provided to the request and, if applicable, the reasons why the request was denied. Likewise, in case the response was provided outside the legal deadline, the reasons for this delay. The registry must contain a section where observations that the responsible officials consider relevant to explain the treatment given to an information request can be recorded. Entities may use digital technologies to implement this registry.
Understand by type of response provided to the request that in which the applicant received any of the following communications from the public entity:
2.12.1 The information was delivered to the applicant within the legal deadline or on the date of the extension.
2.12.2 The information was delivered to the applicant outside the legal deadline or the date of the extension.
2.12.3 The information was expressly denied to the applicant, for reasons indicated in the Law.
In this case, it also includes requests routed to another entity.
2.12.4 The applicant was required to correct the defect or omission of the mandatory requirements of the request, and did not correct it.
2.12.5 The liquidation of reproduction costs was made available to the applicant, and did not cancel it.
2.12.6 The information was made available to the applicant, and did not pick it up.
2.12.7 The communication of the applicant to the public entity informing their withdrawal from the request made.
It does not include the subsequent response of the public entity provided in compliance with an order of the Transparency and Access to Public Information Tribunal, from the resolution of an appeal; nor of a judicial order, from the sentence issued in a habeas data process.
Article 3.- Obligations of the official responsible for the Standard Transparency Portal
The obligations of the official responsible for the Standard Transparency Portal, under responsibility, are the following:
3.1 Implement the Standard Transparency Portal, in case the entity does not have it, in coordination with the organizational units or corresponding bodies.
3.2 Gather the information to be disseminated in the Standard Transparency Portal in accordance with what is established in articles 5, 22 and, when applicable, 39 of the Law.
3.3 Keep the information contained in the Standard Transparency Portal updated in accordance with the rules on the matter, indicating on it the date of the last update.
Article 4.- Obligations of the official responsible for the holding area of the information
The obligations of the official responsible for the area that created, obtained, has possession or control of the requested information, under responsibility, are the following:
4.1 Designate through internal document, whenever it is necessary for the fulfillment of their functions, the coordinators of their areas for the delivery of information to the official responsible for the implementation and updating of the Standard Transparency Portal.
4.2 Provide the information that is required by the official responsible for attending information access requests and by the official responsible for implementing and updating the Standard Transparency Portal, in order for these to be able to comply with their transparency functions within the deadlines provided in the Law.
4.3 To make use of the extension, they must justify it observing what is provided in articles 23 and 24 of these Regulations, as well as establish the/

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