Access to Information: Bolivia
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Special Meeting of the Juridical and
Political Affairs
OAS
December 13, 2010
Laura Neuman
Access to Information Project
The Carter Center
Access to Information:
Value
of Headline
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to Information
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 Fundamental human right, and critical to the exercise
Access to Information: Bolivia
of other rights
 Tool in the fight against corruption
 Increases
Main accountability
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 Promotes citizen participation
 Fosters more efficient public administration
 Improves use of scarce resources
 Encourages foreign investment
Enhances confidence of citizen’s in their governments
Access to Information:
ATI vs. Habeas Data and Data
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Protection Laws
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Different rights, with different objectives and
processes that must be considered separately
Access to Public Information
1. Allows any person to request public documents
2. Not based on any personal interest
3. Purpose is to increase openness
Habeas Data
1. Allows a specific individual to access their own records or
documents related to them
2. Allows persons to request changes to personal documents
3. Purpose is to ensure accuracy in public records with relation to
specified individuals
Data Protection Laws
1. Allows individuals to ensure that their information remains private
2. Limits the collection of personal data and limits its use
3. Purpose is to protect private data of third parties, with disclosure
based on consent
Access to Information:
Access
TrainingBrief
Slide History
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Information
in Region
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 Presently, there are 18 OAS member states with
Access to Information: Bolivia
legislated right of access to information
 Additionally, there are 8 OAS member states with
decrees or draft ATI laws
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 9 countries with constitutional rights to
information but no legislation or draft
 Article 13 of the Inter-American Convention on
Human Rights
 Series of General Assembly Resolutions and
Declaration of Nuevo Leon, 2004
 Inter-American Court decision in Claude Reyes
and others v Chile, 2006
Access to Information:
Brief History (cont.)
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 International Conference on the Right of Access to
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Information and “Atlanta Declaration and Plan of Action
Access toofInformation:
Boliviato
for the Advancement
the Right of Access
Information”, February 2008
CAJP “Recommendations on Access to Information”,
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 Inter-American Juridical Committee “Principles on the
Right of Access to Information”, 2008
 Americas Regional Conference on the Right of
Access to Information and “Regional Findings and Plan
of Action to Advance the Right of Access to
Information”, Lima Peru, April 2009
 Model Law and Implementation Guide on Access to
Information for the Americas, 2010
Access to Information:
Principles
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 Access to
Information
is a fundamental
right
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to Information:
Bolivia
 All states should enact legislation to give effect to the
right
 AllMain
information
is accessible,
unless falls
under a clearly
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defined exception in the law
 Right of access to information applies to all public
bodies and to private bodies that receive public funds or
provide public benefits
 Proactive publication: public bodies should disseminate
key information on a routine and proactive basis
 Clear and simple rules should be put in place to guide
processing of requests, including time limits
Access to Information:
Principles
(cont.)
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Burden of proof for justifying denials lies with the
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public body
 Individuals should have the right to appeal any
denial or negative determination
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 Sanctions for any official that willfully denies or
obstructs access to information
 Measures should be taken to promote access to
information and implement legislation, including
records-management and training
Access to Information:
Recommendations
toHere
the States
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For All Member
Access toStates:
Information: Bolivia
 Make access to information an inherent aspect to all
public duties and central element of state functions
 Ensure that all public policies and regulations are
consistent
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the principles of
maximum
disclosure and
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transparency
 Rescind any laws contrary to the right of access to
information
 Integrate promotion of the right of access to information
into national development and growth strategies and
sectoral policies
 Allocate the financial resources necessary to create and
maintain effective ATI system
 Adopt effective information management and recordkeeping systems
Access to Information:
Recommendations
toHere
the States
Training
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Access to Information: Bolivia
For States Without Access to Information Law:
 Pass access to information law in compliance with
international
and best practices,
Mainlaw
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Heremaximum
disclosure
 Assure the minimum standards established in Claude v
Reyes are fulfilled
 Engage civil society in the development of the law
 Establish systems for proactive disclosure and records
management even in advance of statutory right
 Consider means to allow exercise of constitutional right
Access to Information:
Recommendations
toHere
the States
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For StatesAccess
With Access
to Information
to Information:
BoliviaLaws:
 Ensure effective implementation of the law and
mechanisms to monitor compliance
 Focus
on proactive
disclosure
and creative
means of
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getting information to people
 Designate information officers
 Create an effective enforcement mechanism
 Provide training to all public officials and specific
capacity building for key officials
 Engage in a public awareness campaign
 Share experiences and best practices with other
member states
Access to Information:
Training
Slide
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Atlanta
Declaration
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Action
Access to Information: Bolivia
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of
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Access to Information: Bolivia
 Text
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