-12Regarding the Administration’s mechanisms for protecting access to information, he referred to the provisions on access to information that relate to the Administration, particularly Articles 13 and 14 of the Constitutional Organic Law on General Principles of [State] Administration. This law establishes that administrative acts, the documents that complement them or directly support them, and company reports or background material are public. In relation to the grounds for refusing information, paragraph 11 of Article 13 of the General Principles Law establishes five reasons. It should be understood that the first was derogated by the constitutional reform, because it established that confidentiality or secrecy could be established by legal or regulatory provisions; the second is that the disclosure would impede or prevent due compliance with the functions of the entity from which information is requested; the third is the opposition of third parties; the fourth is that the rights or interests of third parties are substantially affected, and the fifth is that disclosure would affect national security or interests. The scope of the second reason could lead to an “arbitrary interpretation” by the authorities. With regard to recourses when access to information is refused, the applicant may file administrative remedies and also a recourse to justice called “amparo [protection] of information” included in Article 14 of the General Principles Law. Regarding administrative remedies, the law “does not include a specific recourse”; the applicant must therefore use general remedies such as an appeal for reconsideration of judgment and an appeal to a higher instance. “The effectiveness of these remedies is limited in cases of requests for information.” 2. Miguel Ángel Fernández González, lawyer The evolution of legislation on the protection of the right of access to information includes the proposals made by the National Public Ethics Commission, which were implemented by: promulgation of Act No. 19,653; incorporation of the principle of disclosure of the acts of the body of State Administration; inclusion of a special judicial proceeding if the entity from which information is requested does not provide access to this information; publication of Act No. 19,880 on administrative procedures, and constitutional recognition of the principle of disclosure in Article 8 of the Constitution. Regarding the current legislation on access to public information, he indicated the importance of the fact that the principle of disclosure had been elevated to constitutional rank, also establishing a legal reservation regarding the grounds on which secrecy or confidentiality may be declared. He indicated the problems faced by the right of access to public information, owing to the existence of grounds for confidentiality with such a wide and vague content such as national interest and national security. 3. Davor Harasic Yaksic, lawyer, President of the Chilean Chapter of Transparency International, and Adviser to the State’s Defense Council from 1972 to 1996 He referred to the content of Chilean laws on access to State-held information. Act No. 19,653 of 1999 on Administrative Probity of the Body of the Administration, and the 2003 Administrative Procedure Act established the principles of transparency and disclosure as central elements of the proper exercise of public service. The 2005 constitutional reform elevated the principles of transparency and disclosure to constitutional rank and extended them to all the body of the State.

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