Peru : Questions

2009 > Transparency norms

Transparency norms

Do official mechanisms – policies, laws, regulations, decrees, procedures, international agreements, and public statements of commitment, etc. – exist that permit public access to information? So does the law provide a legal obligation on public institutions to be transparent?

As a right recognised in article 2 numeral 5 of the Political Constitution of Peru, transparency has been regulated by different Laws and Supreme Decrees, such as the Transparency and Access to Public Information Law approved by Law No.27806.

Is there a Freedom of Information Act?

Yes, the right of access to information includes the right and duty to inform. The latter has to be interpreted as the freedom to inform as set forth in Article 2 numeral 4 of the Political Constitution of Peru. Read more...

What other rules provide for transparency?

There used to be different norms which contributed to transparency. Among the current norms, issued by the relevant public bodies, four are the main ones... Read more...

Are there any forest sector specific laws / rules / statements that provide for transparency?

Yes Read more...

Is there any settlement process for disputes regarding access to information?

Yes, as stated in Article 11 of the Transparency and Access to Public Information Law, after completed the administrative channel, there is an option to initiate a dispute settlement administrative process (regulated by the Law No.27584), or the constitutional process of Habeas Data (regulated by the Constitutional Procedural Code).
If no reply is provided through the administrative channel within the time set by law after access to information has been requested, or if the access to information is denied, the right to appeal can be claimed. If the latter is denied or not solved within the time set by law, the administrative channel is considered concluded.

31/05/2004. Constitutional Procedural Code, approved by Law N°28237. Partially accessible. Despite there being laws that develop and encourage access to dispute-settlement processes related to access to public information, in practice economic resources are required to cover the Judicial Process, time invested and legal advice.
The measures aimed at promoting accessibility include, among others:
- the principle of free-of-cost action by the plaintiff regulated by Article III of the First Title of the Constitutional Procedural Code.
- the optional support by the Lawyer in the case of Habeas Data Process, according to Article 65 of the Constitutional Procedural Code