-29the right of access to State-held information and the principles of transparency and
disclosure of the Administration. In addition, this law did not establish a procedure for
acceding to information held by the administrative entities.47
57(34) On April 18, 1994, Supreme Decree No. 423 was published in the official gazette.
It created the National Public Ethics Commission, inter alia, in order to promote an
informed reflection on the issue of public ethics, actively involving the different powers of
the State and civil sectors. The decree emphasized the need “to modernize public
administration, and to direct the performance of its functions towards fulfillment of its
goals, improving the efficiency, productivity and quality of the public services provided.”48
57(35) On December 14, 1999, Act No. 19,653 concerning “Administrative probity
applicable to the body of State Administration” was published in the official gazette of the
Republic of Chile. Act No. 19,653 incorporated the principles of probity, transparency and
disclosure and established the “right to have recourse to a professionally qualified judge
of a civil court,” requesting protection of the right to request certain information in
writing.49 On November 17, 2001, Decree Law 1/19,653 was published, establishing “the
consolidated, coordinated and systematized text of Act No. 18,575” (supra para. 57(33)).
This Act established, inter alia, that:50
(a)
“The administrative acts of the body of State Administration and the
documents that directly and essentially substantiate or complement them are
public.” Disclosure “extends to the reports and background information that
private companies offering services to the public, and the companies referred to in
the third and fifth subparagraph [...] of the Limited Companies Act provide to
State entities responsible for overseeing them, to the extent that this is of public
interest, that its dissemination does not affect the proper functioning of the
company, and that the owner of the information does not avail himself of his right
to refuse access to it”;
(b)
If the information “is not available to the public permanently, the
interested party shall have the right to request it in writing from the head of the
respective service”;
(c)
The head of the service may refuse access to the information for the
reasons established in the law, but if he refuses access for a reason other than
national security or national interest, the interested party has the right to resort to
a professionally qualified judge of a civil court, and an appeal against the
judgment delivered by that judge can be made before the respective court of
47
Cf. Constitutional Organic Law on General Principles of State Administration No. 18,575 published in
the official gazette on December 5, 1986 (file of appendixes to the brief answering the application and with
observations on the requests and arguments brief, appendix 3, folio 2025 to 2134).
Cf. Decree No. 423 issued by the Ministry of the Interior on April 5, 1994 (helpful evidence
incorporated by the Inter-American Court, available at http://www.chiletransparente.cl/home/doc/DS423_
1994.pdf).
48
49
Cf. Act No. 19,653 “Administrative Probity Applicable to the Body of State Administration” (file of
appendixes to the application, appendix 9, folio 113).
50
Cf. Decree law No. 1/19,653 establishing the consolidated and systematized text of Act No. 18,575,
Constitutional Organic Law on General Principles of State Administration (file of appendixes to the requests and
arguments brief, appendix 2, folios 1128 to 1157).