Peru : Indicators
2010 > Transparency norms > Is there any settlement process for disputes regarding access to information?
Transparency norms
Are there clear, documented, and understood steps for resolving conflicts between transparency and confidentiality norms, or where / when authorities fail or refuse to provide information?
If so, is this dispute-settlement process well-advertised, not prohibitively costly and therefore realistically accessible to most people?
If so, is this dispute-settlement process well-advertised, not prohibitively costly and therefore realistically accessible to most people?
Is there any settlement process for disputes regarding access to information?
Yes, according to what is stated in Article 11 of the "Law on Transparency and Access to Public Information", after completing the administrative process, one can opt to start the dispute process (regulated by the Law No.27584), or the constitutional process of Habeas Data (regulated by the Constitutional Procedural Code).
If no reply is given through the administrative process within the time set by law after the access to information is solicited, or if the access to information is denied, the right to appeal can be claimed. If the latter is denied or not resolved within the time set by law, the administrative process is considered concluded.
If no reply is given through the administrative process within the time set by law after the access to information is solicited, or if the access to information is denied, the right to appeal can be claimed. If the latter is denied or not resolved within the time set by law, the administrative process is considered concluded.
| Title | Consolidated text of the Law N º 27806, Law of Transparency and Access to Public Information. Supreme Decree 043-2003-PCM Constitutional Procedural Code, approved by Law Nº 28237 Consolidated text of the Law N º 27584, Law Regulating Contentious Administrative Process, as amended by Legislative Decree No. 1067, approved by Supreme Decree N º 013-2008-JUS |
| Date | 24/04/2003 31/05/2004 29/08/2008 |
| Source | http://www.vivienda.gob.pe/transparencia/documentos/DS_043_2003_PCM.pdf http://www.tc.gob.pe/Codigo_Procesal.html http://blog.pucp.edu.pe/media/1309/20080905-TUO%20LEY%20QUE%20REGULA%20EL%20PROCESO%20CONTENCIOSO%20ADMINISTRATIVO_blog.doc. |
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