Derecho de acceso a la información pública

Abstract

Transparency of public institutions is a key indicator which evidences the democratic health of a community. This is possible thanks to a suitable protection, either constitutional or statutory, of the right to access to public information which enables the democratic scrutiny of government. In this sense, the right to access ensures responsibility and accountability of public institutions preventing from arbitrariness; it enables citizen participation in the decision-making process of public policies; it guarantees the exercise of other freedoms and it constitutes a pillar of the open government. As a corollary of freedom of speech, the right to know encourages an informed and enlightened public opinion. Given this, the democratic rationale behind freedom of information statutes must be the broader access as possible; whereas withholding of public documents shall be upon narrowly construed exceptions explicitly set forth by law.