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Peru : Indicators

2009 > Transparency norms > Is there any settlement process for disputes regarding access to information?

Transparency norms

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

Title Consolidated Text of the Transparency and Access to Public Information Law, approved by Supreme Decree N° 043-2003-PCM; Consolidated Text of Law Nº 27584
Date 24/04/2003; 29/08/2008
Source http://spij.minjus.gob.pe/
Language Spanish
Timeliness Yes
Completeness Yes
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