Executive Decree Regulating Law No. 6 of 2002 on Transparency and Habeas Data

24 Official Gazette, Wednesday, May 22, 2002 No. 24,557, of 1992. Inferring therefrom that the Governor of the Province of Chiriquí exceeded his authority by accepting and resolving said appeal, as he lacked jurisdiction.

Considering the facts stated above which support this constitutional action, the Court proceeds to issue the corresponding resolution.

For the aforementioned reasons, the Supreme Court of Justice, Plenary, administering justice in the name of the Republic and by authority of the Law, DECLARES THAT Resolution No. 069 of September 14, 1995, issued by the Governorship of the Province of Chiriquí, is UNCONSTITUTIONAL, for violating Article 32 of the National Constitution.

Let it be copied, notified, and published in the Official Gazette.

MAG. ALBERTO CIGARRUISTA CORTEZ MAG. ROBERTO E. GONZALEZ R. MAG. ROGELIO A. FABREGA Z. MAG. JOSE MANUEL FAUNDES MAG. ARTURO HOYOS MAG. CESAR PEREIRA BURGOS MAG. WINSTON SPADAFORA FRANCO MAG. JOSE A. TROYANO MAG. ADAN ARNULFO ARJONA LCDA. YANIXSA Y. YUEN Acting General Secretary

MINISTRY OF GOVERNMENT AND JUSTICE EXECUTIVE DECREE No. 124 (From May 21, 2002) "By which Law No. 6 of January 22, 2002 is regulated"

THE PRESIDENT OF THE REPUBLIC in exercise of her constitutional powers,

CONSIDERING:

That Law No. 6 of January 22, 2002 establishes norms for transparency in public management, establishes the Habeas Data action, and enacts other provisions.

That in accordance with what is established in numeral 14 of Article 179 of the Political Constitution, it is the attribute of the President of the Republic, with the participation of the respective Minister, to regulate the Laws that require it for their better compliance, without departing from their text or spirit.

That in order to facilitate the application of Law No. 6 of January 22, 2002, it is convenient for the Executive branch to issue the corresponding regulation, to guarantee the exercise of the right to freedom of information, and to preserve fundamental principles such as public access and publicity, which characterize democratic governments.

DECREES:

ARTICLE 1. This regulation has the purpose of establishing the necessary administrative mechanisms to facilitate individuals in the exercise of the right to freedom of information enshrined in Law No. 6 of January 22, 2002, thereby guaranteeing transparency in all actions of the public administration.

ARTICLE 2. The regulatory provisions established in this Decree allow the general public to obtain and participate directly and indirectly, under the principles of publicity and public access, in the management carried out by the public administration.

ARTICLE 3. The application of this Decree shall be mandatory for all Institutions referred to in numeral 8 of Article 1 of Law No. 6 of January 22, 2002.

ARTICLE 4. Any request made based on Law No. 6 of January 22, 2002, shall be addressed to the head of the respective public institution or its legal representative.

In the case of a legal entity, the request must be made by the legal representative, for which the certification from the Public Registry accrediting such status must be provided.

ARTICLE 5. Information regarding a public servant contained in the personal file or individual record held in the Institutional Human Resources Office or personnel offices, which contains documentation related to the human resources actions enumerated in Article 70 of Law No. 9 of June 20, 1994, is confidential.

Confidentiality in no case shall affect the right that every public servant has to obtain their personal information.

ARTICLE 6. Access to the information contained in the file raised against a public servant, subjected to an investigation for the alleged commission of an administrative offense, shall be governed by what is established in Article 70 of Law No. 38 of 2000, modified by Article 1 of Law No. 45 of November 27, 2000.

ARTICLE 7. The current or former public servant who requests to correct, eliminate incorrect, irrelevant, incomplete, or outdated information from their file, record, or archive maintained by a public institution, must present the petition to the public servant in charge of the office where the respective file, record, or archive is kept, accompanied by the documentation supporting their petition.

In these cases, the administrative procedure contemplated in Law No. 38 of July 31, 2000, shall be observed.

ARTICLE 8. For the purposes of Article 11 of Law No. 6 of January 22, 2002, an interested person is one who has a direct relationship with the information they request.

ARTICLE 9. Interested persons seeking to obtain the information described in Article 11 of Law No. 6 of January 22, 2002, must direct their request to the respective institution, which for such purposes shall take into consideration what is provided in Article 5 of this Decree.

ARTICLE 10. The classification of information as restricted access belongs to the head of the respective public institution, or to the public servant to whom this attribute is expressly delegated, which must be done expressly on the document itself, indicating the date, name, and signature of the public servant responsible for such classification.

ARTICLE 11. The information established in the preceding article is excepted from what is provided therein, regarding information that is classified as reserved or restricted access in other current legal provisions.

ARTICLE 12. Administrative files of a reserved nature shall be governed by the access and information norms established in the Laws governing the matter.

ARTICLE 13. In the event that the requested information is required in a certified manner, the petitioner must comply with the formalities and costs established in the legal provisions governing the matter.

In this regard, regarding formalities, what is provided in numeral 1 of Article 960 of the Fiscal Code shall apply; and regarding costs, in numeral 1 of Article 341 and numeral 2 of Article 960 of the Fiscal Code.

ARTICLE 14. Each institution shall prepare the necessary forms to request the information detailed in Article 9 and in the first four numerals of Article 10, both of Law No. 6 of January 22, 2002.

Such forms must contain, at a minimum, what is indicated in Article 6 of Law No. 6 of January 22, 2002, in concordance with Article 4 of this regulation, the procedural rules, and the address, department, office, or section responsible for the information.

These forms shall be available to the public at the corresponding institution.

ARTICLE 15. In accordance with what is established in the Paragraph of Article 25 of Law No. 6 of January 22, 2002, before the celebration of any administrative acts subject to citizen participation, public institutions must publish with sufficient advance notice, in two (2) written media of national circulation, only once, a notice containing at a minimum the following:

1. Identification of the act.
2. Mode of participation.
3. Deadline for citizens and/or social organizations to present opinions, proposals, or suggestions.
4. Date, place, and time at which the mode of participation shall be held, as applicable.

ARTICLE 16. This Decree shall enter into force from its promulgation in the Official Gazette.

LET IT BE PUBLISHED AND COMPLIED WITH.

MIREYA MOSCOSO ANIBAL SALAS CESPEDES President of the Republic Minister of Government and Justice