Supreme Decree No. 021-2019-JUS

El Peruano / Wednesday, December 11, 2019 LEGAL NORMS 23

Appoint Advisor II of the Vice Ministry of Public Security Office

MINISTERIAL RESOLUTION No. 2008-2019-IN

Lima, December 10, 2019

CONSIDERING:

That the public position of trust of Advisor II of the Vice Ministry of Public Security Office of the Ministry of the Interior is vacant;

That, for reasons of service, it is necessary to designate the person who will assume the aforementioned position of trust;

With the approval of the General Office of Human Resources Management and the General Office of Legal Advice;

In accordance with the provisions of Law No. 29158, Organic Law of the Executive Power; Law No. 27594, Law regulating the participation of the Executive Power in the appointment and designation of public officials; Legislative Decree No. 1266, Law on Organization and Functions of the Ministry of the Interior; and, the Unified Ordered Text of the Regulation on Organization and Functions of the Ministry of the Interior, approved by Ministerial Resolution No. 1520-2019-IN.

RESOLVES:

Sole Article. - Appoint Mr. Carlos Humberto Mesías Reyes to the public position of trust of Advisor II of the Vice Ministry of Public Security Office of the Ministry of the Interior.

Register, communicate, and publish.

CARLOS MORÁN SOTO Minister of the Interior

1835431-1

JUSTICE AND HUMAN RIGHTS

Unified Ordered Text of Law No. 27806, Law on Transparency and Access to Public Information

SUPREME DECREE No. 021-2019-JUS

THE PRESIDENT OF THE REPUBLIC

CONSIDERING:

That, through Law No. 27806, Law on Transparency and Access to Public Information, the transparency of State acts is promoted and the fundamental right of access to public information enshrined in paragraph 2 of Article 5 of the Political Constitution of Peru is regulated;

That, through Law No. 27927, Law modifying Law No. 27806, Law on Transparency and Access to Public Information, several articles are modified and incorporated into Law No. 27806;

That, through Supreme Decree No. 043-2003-PCM, the Unified Ordered Text of Law No. 27806, Law on Transparency and Access to Public Information, is approved;

That, through Law No. 29239, Law on measures to control chemical substances susceptible of use for the manufacture of chemical weapons, paragraph f) is incorporated into paragraph 1 of Article 16 of the Unified Ordered Text of Law No. 27806;

That, through Legislative Decree No. 1106, Legislative Decree for effective fight against money laundering and other crimes related to illegal mining and organized crime, paragraph 5 of Article 17 and Article 18 of the Unified Ordered Text of Law No. 27806 are modified;

That, through Law No. 29973, General Law of the Person with Disability, paragraph 2 of Article 5 of the Unified Ordered Text of Law No. 27806 is modified;

That, through Legislative Decree No. 1353, Legislative Decree that creates the National Authority of Transparency and Access to Public Information, strengthens the Personal Data Protection Regime and the regulation of interest management, several articles are modified and incorporated into the Unified Ordered Text of Law No. 27806;

That, through Legislative Decree No. 1416, Legislative Decree that strengthens the Transparency and Access to Public Information Tribunal, paragraph e) of Article 11 of the Unified Ordered Text of Law No. 27806 is modified;

That, through Law No. 30934, Law modifying Law No. 27806, Law on Transparency and Access to Public Information, regarding transparency in the Judiciary, the Public Ministry, the National Board of Justice, the Constitutional Tribunal and the Academy of the Magistracy, several articles are incorporated into Law No. 27806, modified by Law No. 27927 and Legislative Decree No. 1353;

That, the Second Final Complementary Provision of Law No. 30934, empowers the Executive Power to adapt the Unified Ordered Text of Law No. 27806, approved by Supreme Decree No. 043-2003-PCM;

That, in accordance with the Sixth Final Complementary Provision of the Unified Ordered Text of Law No. 27444, General Administrative Procedure Law, approved through Supreme Decree No. 004-2019-JUS, entities of the Executive Power are empowered to compile in the respective Unified Ordered Text the modifications made to legal or regulatory provisions of general scope corresponding to the sector to which they belong, with the aim of compiling all regulations in a single text and its approval occurs through a supreme decree of the corresponding sector, which must have the prior favorable opinion of the Ministry of Justice and Human Rights;

That, considering that the modifications made include the repeal of three articles of the TUO of Law No. 27806, which entails a modification of the numbering of the articles, as well as a variation in the internal referral of the norms, it is considered appropriate to approve a new Unified Ordered Text of Law No. 27806;

In accordance with what is provided by paragraph 8) of Article 118 of the Political Constitution of Peru, Law No. 29158, Organic Law of the Executive Power and Law No. 30934, Law modifying Law No. 27806, Law on Transparency and Access to Public Information, regarding transparency in the Judiciary, the Public Ministry, the National Board of Justice, the Constitutional Tribunal and the Academy of the Magistracy;

DECREES:

Article 1.- Approval of the Unified Ordered Text of Law No. 27806, Law on Transparency and Access to Public Information

The Unified Ordered Text of Law No. 27806, Law on Transparency and Access to Public Information, consisting of six (6) titles, two (2) chapters, forty (40) articles; and, three (3) Transitory, Complementary and Final Provisions, is approved.

Article 2.- Repeal

From the entry into force of this norm, the Unified Ordered Text of Law No. 27806, Law on Transparency and Access to Public Information, approved by Supreme Decree No. 043-2003-PCM, is repealed.

Article 3.- Publication

Order the publication of this Supreme Decree in the official newspaper El Peruano, in the Institutional Portal of the Peruvian State (www.peru.gob.pe) and in the Institutional Portal of the Ministry of Justice and Human Rights (www.gob.pe/minjus), on the same day of the publication of this norm.

Article 4.- Counter-signature

This Supreme Decree is counter-signed by the Minister of Justice and Human Rights.

24 LEGAL NORMS Wednesday, December 11, 2019 / El Peruano

Given in the Government House, in Lima, on the tenth day of the month of December of the year two thousand nineteen.

MARTÍN ALBERTO VIZCARRA CORNEJO President of the Republic

ANA TERESA REVILLA VERGARA Minister of Justice and Human Rights

UNIFIED ORDERED TEXT OF LAW No. 27806, LAW ON TRANSPARENCY AND ACCESS TO PUBLIC INFORMATION

TITLE I GENERAL PROVISIONS

Article 1.- Scope of the Law

This Law aims to promote the transparency of State acts and regulate the fundamental right of access to information enshrined in paragraph 5 of Article 2 of the Political Constitution of Peru.

The right of access to information of Congressmen of the Republic is governed by what is provided by the Political Constitution of Peru and the Regulations of Congress.

(Text according to Article 1 of Law No. 27806)

Article 2.- Entities of the Public Administration

For the purposes of this Law, entities of the Public Administration are understood to be those indicated in Article I of the Preliminary Title of Law No. 27444, General Administrative Procedure Law.

(Text according to Article 2 of Law No. 27806, modified according to Article 1 of Law No. 27927)

Article 3.- Principle of Publicity

All activities and provisions of the entities included in this Law are subject to the principle of publicity.

Officials responsible for providing the corresponding information within their area of competence must provide adequate infrastructure, as well as the organization, systematization and publication of the information referred to in this Law.

Consequently:

1. All information possessed by the State is presumed public, except for the exceptions expressly provided for in Article 15 of this Law.

2. The State adopts basic measures that guarantee and promote transparency in the actions of entities of the Public Administration.

3. The State has the obligation to deliver the information demanded by persons in application of the principle of publicity.

The public entity shall designate the official responsible for delivering the requested information.

(Text according to Article 3 of Law No. 27806)

Article 4.- Responsibilities and Sanctions

All entities of the Public Administration are obliged to comply with what is stipulated in this norm.

Officials or public servants who fail to comply with the provisions referred to in this Law will be sanctioned for committing a serious offense, and may even be criminally prosecuted for the crime of Abuse of Authority referred to in Article 377 of the Penal Code.

The compliance with this provision shall not give rise to reprisals against the officials responsible for delivering the requested information.

(Text according to Article 4 of Law No. 27806)

TITLE II TRANSPARENCY PORTAL

Article 5.- Publication in the portals of public dependencies

Entities of the Public Administration shall progressively establish, according to their budget, the dissemination via Internet of the following information:

1. General data of the entity of the Public Administration that mainly include the provisions and communications issued, its organization, organizational chart, procedures, the legal framework to which it is subject and the Unified Ordered Text of Administrative Procedures, which regulates it, if applicable.

2. Budgetary information that includes data on executed budgets, investment projects, salary items and benefits of senior officials and general staff, as well as their remuneration and the percentage of people with disabilities of the total staff working in the entity, with precision of their labor situation, positions and remuneration level.

(Text modified according to the Twelfth Complementary Modifying Provision of Law No. 29973)

3. The acquisition of goods and services that they carry out. The publication will include the detail of the committed amounts, the suppliers, the quantity and quality of goods and services acquired.

4. Official activities that will be or have been developed by the senior officials of the respective entity, understood as such the holders of the same and the positions at the next level.

5. The additional information that the entity considers pertinent.

What is provided in this article does not exempt from the obligation referred to in Title IV of this Law regarding the publication of information on public finances.

The public entity must identify the official responsible for the preparation of the Internet portals.

(Text according to Article 5 of Law No. 27806, modified according to Article 1 of Law No. 27927)

Article 6.- Of the Implementation Deadlines

Public entities must have Internet portals within the following deadlines:

a) Entities of the Central Government, autonomous and decentralized bodies, from July 1, 2003.

b) Regional Governments, up to one year after their installation.

c) Entities of Provincial Local Governments and decentralized bodies at the provincial level, up to one year from the start of the new municipal term, unless technological and/or budgetary possibilities made their installation impossible.

d) Entities of District Local Governments, up to two years counted from the start of the new municipal term, unless technological and/or budgetary possibilities made their installation impossible.

e) Private entities that provide public services or exercise administrative functions, until July 1, 2003.

The authorities in charge of formulating the budgets will take these deadlines into account in the allocation of the corresponding resources.

(Text according to Article 6 of Law No. 27806, modified according to Article 1 of Law No. 27927)

TITLE III ACCESS TO PUBLIC INFORMATION OF THE STATE

Article 7.- Legitimation and unmotivated request

Every person has the right to request and receive information from any entity of the Public Administration.

In no case is an expression of cause required for the exercise of this right.

(Text according to Article 7 of Law No. 27806)

Article 8.- Entities obliged to inform

The entities obliged to provide information are those indicated in Article 2 of this Law.

Such entities will identify, under the responsibility of their highest representative, the official responsible for providing information requested by virtue of this Law. In case this has not been designated, the administrative and penal responsibilities will fall on the general secretary of the institution or whoever acts in their place.

State-owned companies are subject to the access to information procedure established in this Law.

(Text according to Article 8 of Law No. 27806, modified according to Article 1 of Law No. 27927).

Article 9.- Legal persons subject to the private regime that provide public services

Legal persons subject to the private regime described in paragraph 8) of Article I of the Preliminary Title of Law No. 27444 that manage public services or exercise administrative functions of the public sector under any modality are obliged to inform about the characteristics of the public services they provide, their tariffs and about the administrative functions they exercise.

(Text according to Article 9 of Law No. 27806, modified according to Article 1 of Law No. 27927)

Article 10.- Information of public access

Entities of the Public Administration have the obligation to provide the required information if it refers to that contained in written documents, photographs, recordings, magnetic or digital support, or in any other format, as long as it has been created or obtained by them or is in their possession or under their control.

Likewise, for the purposes of this Law, any type of documentation financed by the public budget that serves as the basis for a decision of an administrative nature, as well as the minutes of official meetings, is considered public information.

(Text according to Article 10 of Law No. 27806)

Article 11.- Procedure

Access to public information is subject to the following procedure:

a) Any request for information must be addressed to the official designated by the entity of the Public Administration to perform this task. In case this has not been designated, the request is addressed to the official who has the requested information in their possession or to the immediate superior. The dependencies of the entity have the obligation to route the requests to the official in charge.

b) The entity of the Public Administration to which the request for information has been presented must grant it within a period not exceeding ten (10) business days, without prejudice to what is established in paragraph g).

In the event that the entity of the Public Administration is not obliged to possess the requested information and knows its location or destination, it must route the request to the obliged entity or to the one that possesses it, and bring this circumstance to the attention of the applicant.

c) The denial of access to information is subject to what is provided in the second paragraph of Article 13 of this Law.

d) If there is no response within the period provided for in paragraph b), the applicant may consider their request denied.

e) In the cases indicated in paragraphs c) and d) of this article, the applicant within a period not exceeding fifteen (15) calendar days may file an appeal before the Tribunal, likewise in case it has been presented before the entity that issued the impugned act, this must elevate it to the Tribunal as established in the Unified Ordered Text of Law No. 27444, approved through Supreme Decree No. 004-2019-JUS. The Transparency and Access to Public Information Tribunal resolves said appeal within a maximum period of ten (10) business days, under responsibility.

(Text modified according to the Sole Complementary Modifying Provision Legislative Decree No. 1416)

f) If the Tribunal does not resolve the appeal within the period provided, the applicant may consider the administrative route exhausted.

g) Exceptionally, when it is materially impossible to comply with the period indicated in paragraph b) due to justified causes related to the proven and manifest lack of logistical or operational capacity or of human resources of the entity or to the significant volume of the information requested, for only once the entity must communicate to the applicant the date on which it will provide the requested information in a duly justified manner, within a maximum period of two (2) business days from receipt of the information request. Failure to comply with the deadline entitles the applicant to appeal to the National Authority of Transparency and Access to Public Information.

(Text according to Article 11 of Law No. 27806, modified according to the First Complementary Modifying Provision of Legislative Decree No. 1353)

Article 12.- Direct Access

Without prejudice to what is provided in the previous article, entities of the Public Administration will allow applicants direct and immediate access to public information during public attention hours.

(Text according to Article 12 of Law No. 27806)

Article 13.- Denial of access

The entity of the Public Administration to which information is requested cannot deny it based on the identity of the applicant.

The denial of access to the requested information must be duly justified by the exceptions of Articles 15 to 17 of this Law; and the period for which said impediment will be prolonged.

The request for information does not imply the obligation of entities of the Public Administration to create or produce information that they do not have or are not obliged to have at the time the request is made. In this case, the entity of the Public Administration must communicate in writing that the denial of the request is due to the non-existence of data in its possession regarding the requested information.

This Law does not authorize applicants to demand that entities carry out evaluations or analyses of the information they possess. This limitation does not qualify the processing of pre-existing data according to what regulatory norms establish, unless it implies collecting or generating new data.

Information cannot be denied when it is requested that it be delivered in a certain form or medium, as long as the applicant assumes the cost that the request entails.

When an entity of the Public Administration does not locate information that it is obliged to possess or custodian, it must prove that it has exhausted the necessary actions to obtain it in order to provide a response to the applicant.

If the information request has not been satisfied, the response has been ambiguous or the preceding requirements have not been met, it will be considered that there was a refusal to provide it.

(Text according to Article 13 of Law No. 27806, modified according to the First Complementary Modifying Provision of Legislative Decree No. 1353)

Article 14.- Responsibilities

The public official responsible for providing information who arbitrarily obstructs the applicant's access to the required information, or supplies it in an incomplete manner or obstructs in any way the compliance with this Law, will be subject to the provisions of Article 4 of this Law.

(Text according to Article 14 of Law No. 27806)

Article 15.- Exceptions to the exercise of the right

The right of access to public information cannot be exercised regarding information expressly classified as secret, which is based on reasons of national security, in concordance with Article 163 of the Political Constitution of Peru, which additionally has as its fundamental basis to guarantee the security of persons and whose revelation would originate risk for territorial integrity and/or subsistence of the democratic system, as well as regarding the intelligence and counterintelligence activities of DINI within the framework established by the Rule of Law based on situations expressly contemplated in this Law.

Consequently, the exception comprises only the following cases:

1. Information classified in the military scope, both in the internal and external front:

a) Military defense plans against possible aggressions from other States, logistical, reserve and mobilization and special operations plans as well as official documents and internal communications that make express reference to the same.

b) Military intelligence and counterintelligence operations and plans.

c) Technical and/or scientific developments specific to national defense.

d) Operational, logistical and related orders, related to military defense plans against possible aggressions from other States or internal and/or external militarized irregular forces, as well as operations in support of the National Police of Peru, mobilization plans and special operations related to them.

e) Defense plans for military bases and installations.

f) War material, its components, accessories, operability and/or location whose characteristics would put at risk military defense plans against possible aggressions from other States or internal and/or external militarized irregular forces, as well as operation in support of the National Police of Peru, mobilization plans and special operations related to them.

g) Information of Military Personnel who develops National Security activities and that could put at risk the life and integrity of the persons involved.

2. Information classified in the intelligence scope both in the external and internal front:

a) Strategic and intelligence plans, as well as information that puts at risk their sources.

b) Reports that, if made public, would harm intelligence information.

c) Those official intelligence reports that, if made public, would negatively impact the exceptions contemplated in paragraph a) of Article 15 of this Law.

d) Information related to the preparation of personnel and material.

e) The activities and strategic plans of intelligence and counterintelligence, of l

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