5
specific cases, will entail […] breach of the judgment and infringement of Article 2 of
the American Convention." In particular, he expressed disagreement with Article 22,
subparagraph 3, providing for information to remain secret or confidential indefinitely
in the case of certain acts and documents; Article 29, to suspend the release of
information if the authority or a third party should bring a claim before the appropriate
appeals court, and transitional Article 1, which would accept as legitimate the
legislation on secrecy and confidentiality that existed prior to the law.
18.
That the Inter-American Commission applauded "the procedures and efforts
undertaken to comply with this measure of redress and looks forward to receiving
information on progress and implementation of this important process in the next
State report." In particular, the Commission "awaits information on whether the newly
approved law is compatible and appropriate for fully complying with […] the
reparations ordered by the Court."
19.
That the Inter-American Court applauds the recent adoption by the National
Congress of a new law on access to public information that regulates the provisions of
Article 8 of the National Constitution of Chile and that, according to information
provided by the representative, was to have gone into effect in the first quarter of this
year. The Court asks the State to submit a copy of the full text of the law as approved
and to submit its observations on comments made by the representative concerning
the three specific Articles of the new law (supra Considering clause 17).
*
*
*
20.
That with regard to the obligation to provide training to public entities,
authorities and agents that receive and respond to requests for access to State-held
information, informing them about the laws and regulations governing this right, and
that such training should incorporate the parameters established in the Convention
concerning restrictions on access to this information, as established in Operative point
8 of the judgment, Chile reported that "on October 19, [2007], a seminar took place
on 'Access to public information: what does the new law have to say?' This seminar
was organized by the Minister/Secretary General of the President, [social
organizations] and the Pro Acceso Foundation, whose president […] was the legal
representative of the applicants [in the instant case]. The seminar was attended by
authorities from the government and the legislative branch. The purpose was to meet
with […] government officials [and others] to examine the effects and possible
applications of the new law on access to information, an initiative designed to bring
greater transparency to the procedures of public administration and guarantee the
right of all citizens to have access to information emerging from any public entity." The
State also attached a document reporting on an international seminar held on
November 5-6, 2007: "Toward a new institutional structure for access to public
information in Chile." The activity was organized by the Pro Acceso Foundation with
support from the Minister/Secretary General of the President of Chile. The objective of
the seminar was "to publicize the content and scope of this new legal instrument, thus
contributing to the process of applying and implementing the new law." It was
attended by a large number of people, including public officials.
21.
That the Representative recognized "progress made […] in [implementing]
concrete measures to promote a cultural change in favor of transparency and access to
public information in the administrative structure of the State." He emphasized a
number of measures: "Under the tutelage of the Minister/Secretary General of the