Actualidad Peru

Access to public information

Legislative Decree N° 1353

This legislative decree creates the figure of the National Transparency & Access to Public Information Authority, reinforces Personal Data Protection legislation and the regulation over managing interests. One of its main functions is to oversee compliance with standards on transparency and access to public information, and “to promote the culture of transparency and access to public information”.

This standard envisages the creation of a Tribunal that will be the highest administrative authority, responsible for safeguarding the right to access public information throughout the nation. This  independent Tribunal will be in charge of hearing appeals against refusals to disclose public information, including information about regional and local governments, areas where instilling a culture of accountability and access to public information represents a significant challenge.

Sanctions applicable for refusing to disclose public information range from a written warning to a maximum fine of 5 UIT [taxation units].

Finally, we should note that this Decree also modifies some of the articles in the Personal Data Protection Law 29733, in particular those affecting the definitions and certain criteria that the National Personal Data Protection Authority has been applying, such as the relationship between the database owner and the processing officer, and further instances in which the personal data title owner’s consent is not required for the processing of their data, among others. These modifications require companies to confirm whether their personal databanks and the processing to which they are subjected are strictly compliant with the new legal specifications.