Peru

What's New

  • 26 January 2017

    Peruvian Groups Protest Government FOI Decree

    Peruvian transparency groups are protesting a new regulation that they called “a serious setback” to access to information. The decree creates the “national authority for transparency” as a kind of FOI ombudsman, but with few powers or independence. It is a new office within the Ministry of Justice, without the capacity to control the use […]

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  • 22 December 2016

    Peruvian Groups Urge Autonomous Oversight Body

    A proposal to create an independent national body on access to information is being debated in Peru. A working group appointed by the ministry of Justice made the proposal (text in Spanish) for an executive decree to create the new institution, but it ran into opposition internally from an office in the Prime Minister’s office, the […]

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News Archive

  • 1 December 2015

    Transparency International Evaluates Five Countries

    Transparency International has completed studies of how well five countries perform concerning three “pillars of open governance: Transparency, Participation and Oversight.” The countries rated were Ghana, Indonesia, Peru, the Ukraine and the United Kingdom. The Berlin-based nongovernmental organization applied a methodology based on 35 open governance standards and a scorecard composed of 459 questions. The […]

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  • 12 August 2015

    Peruvian Groups Withdraw Support for OGP Action Plan

    Civil society organizations in Peru have withdrawn their support for the government’s national action plan created as part of its membership in the Open Government Partnership. A key point of the CSO’s statement says that the government has not complied with an earlier commitment to create a new National Access to Information and Transparency Authority. […]

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  • 1 July 2015

    E-Mails Subject to Disclosure, Peru Superior Court Rules

    E-mails from public officials using official e-mail accounts and containing public information should be made public according to a June 24 decision by the Superior Court of Lima, Specialized Constitutional Court. While the ruling is specifically about the emails of former Minister of Energy and Mines Eleodoro Mayorga in the case of the New National Hydrocarbons Regulations, […]

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  • 2 December 2013

    Peru’s New Cybercrime Law Undermines Transparency Legislation

    By Milagros Salazar This article was first published by Inter Press Service (Spanish version). LIMA, Nov 27 2013 (IPS) – A new law against cybercrime that restricts the use of data and freedom of information in Peru clashes with earlier legislation, on transparency, which represented a major stride forward in citizen rights. The advances made […]

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  • 28 June 2013

    Peru Issues Decree Expanding Access Rules

    The Peruvian government has modified a decree (in Spanish) that implements the Transparency and Access to Information Law. The new decree broadens the obligation of government agencies  to publish public information on their transparency portals. The agencies now must publish the names of public employees and who is being hired. The decree also creates a registry […]

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  • 14 March 2013

    Implementation of Peruvian Law Faulted by World Bank

    Implementation of the 10-year-old Peruvian Law on Transparency and Access to Public Information (LTAIP) has been hampered by an “inefficient” implementation process, according to a World Bank study which suggests that it may be time for a new oversight structure. Peru was one of eight countries examined closely as part of a larger World Bank report […]

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  • 7 March 2013

    World Bank Study Focuses on RTI Implementaton Issues

    Right to information laws “will accomplish little” in poor countries, according to the author of new World Bank study, “unless concerted efforts are made to address the broader enabling environment, and appropriate capacity building strategies are devised.”   The report by Anupama Dokeniya is based on individual research studies of implementation in eight countries: Albania, […]

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  • 14 December 2012

    Peru Decree Restricts National Security Information

    The government of Peru Dec. 7 classified all information related to national security and defense as a state secret, also setting 15 years in prison as the punishment for violators. A report by Silvia Hiquera  on the blog of the Knight Center for Journalism in the Americas (Spanish and Portuguese) says the Institute for Press […]

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  • 1 November 2012

    Peruvian Group Forms to Monitor OGP Efforts

    The Working Group of the Alliance for Open Government in Peru on Oct. 25 announced the creation of a matrix of indicators to assist in monitoring the implementation of the national action plan the Peruvian government created as a member of the Open Government Partnership. The membership of the working group includes members from the […]

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  • 29 October 2012

    Peru’s Council of Ministers Restrict Access to Documents

    Peru’s Council of Ministers has restricted access to documents produced as part of the deliberative process prior to a governmental decision-making, including its agenda. The Council of Ministries’ resolution (in Spanish) regulates one of the exceptions to the right of access to information established in the FOI and Transparency Act. Article 17, clause 1 establishes […]

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  • 24 June 2011

    Report Analyzes Access in 7 Latin American Countries

    An extensive new report examines access to information policies and practices in seven Latin American countries: Argentina, Bolivia, Chile, Ecuador, Mexico, Peru and Uruguay. The report is titled “?Venciendo la Cultura del Secreto. Obstáculos a la implementación de políticas y normas de acceso a la información en la región?” (“Overcoming the culture of secrecy. Obstacles […]

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  • 13 May 2011

    New Website in Peru Covers Court Decisions on Access

    A new website in Peru — Justicia y Transparencia (Justice and Transparency)(http://www.justiciaytransparencia.pe) — gathers and organizes all the judgments of the Constitutional Court of Peru on access to public and private information. Suma Ciudadana said its intention is to ensure that national jurisprudence becomes a useful tool to help to disseminate the right of access […]

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  • 31 December 2010

    Andean Group Evaluating Freedom of Information

    The Andean Group of Freedom of Information (GALI) has begun a project to evaluate national legislation on freedom of expression and access to information.   GALI plans to identify the strengths and weaknesses freedom of expression of laws in each of the five countries — Bolivia, Columbia, Ecuador, Peru and Venezuela — in order to identify […]

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  • 20 October 2009

    New Report on Aid Transparency: Not Available! Not Accessible!

    Madrid, Spain — Transparency NGO Access Info Europe released a report on October 20 entitled “Not Available! Not Accessible!” to coincide with the opening of the International Aid Transparency Initiative’s conference of donors and recipient governments in the Hague. The report shows how donor governments are failing to make available the information needed to prevent corruption in […]

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  • 7 October 2009

    Saber Mas: New Report on Access to Information in Latin America

    Open government advocates offer first-hand accounts of FOI promotion in Latin America Latin America’s leading open government advocates recently released a report, bringing together data from 17 countries and offering new findings on the status of freedom of information in the region. The Regional Alliance for Freedom of Expression and Information (Alianza Regional para la […]

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  • 25 August 2009

    US Torture Files and Access to Human Rights Information

    By Jesse Franzblau and Emilene Martinez-Morales Washington, DC — The US government’s August 24, 2009, release of a controversial CIA 2004 Inspector General report on torture brings new attention to the issue of how information on human rights abuses is treated and should be treated under freedom of information laws. Deadlines set by a federal […]

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  • 8 May 2009

    Jimmy Carter Presses for Greater Access to Information in the Americas

    Sao Paulo Gives Jimmy Carter Highest Award in Recognition of Human Rights Former US President Jimmy Carter publicly pressed for widespread support for Brazil’s pending transparency law last week. The government has pledged to pass an access to information law this year, as reported previously by freedominfo. On Sunday, May 3rd, Carter was given the […]

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  • 28 September 2008

    Documenting Access to Information in Latin America: Legal Milestones and Success Stories

    Silvina Acosta – Program Manager, Trust for the Americas Emilene Martínez-Morales – Transparency Programs Coordinator, National Security Archive Washington DC, – The Right to Know made headlines in Latin America during the past year.  Just a few days ago the Guatemalan Congress approved an Access to Information Law. Chile’s Transparency and Access to Information Law […]

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  • 8 August 2002

    PERU: New freedom of information law approved

    On August 2, 2002 Peruvian President Alejandro Toledo formally promulgated the Law of Transparency and Access to Public Information, which was then published on August 3, 2002 in the official government daily El Peruano. Only minor changes had been made to the second draft of the law, which had been approved by the Peruvian Congress […]

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links

LEGAL DOCUMENTS 

Constitution of Peru, 1993 [in Spanish] 

 

Ley de Transparencia y Acceso a la Informacion Publica (Law on Transparency and Access to Public Information) [in Spanish] 

 

Web Page Standards: Peruvian rules about presentation and content of the information on web pages (Supreme Decree Nº 063-2010-PCM) and related guidelines (Ministerial Resolution Nº 200-2010-PCM).

 

You can check documents here.

 

GOVERNMENT 

Human Rights Ombudsman

 

Official page of the Peruvian government

 

Ministerio de Economía y Finanzas. Links a portales de Transparencia de todas las entidades del Estado (Ministry of Economy and Finances. (Links to the Transparency web portals of the state entities.)

 

ORGANIZATIONS

Transparencia [in Spanish]

 

Ipys

 

Ciudadanos al día (CAD)

 

Consejo de la Prensa Peruana (CPP)

 

OBSERVA 

 

Participa Perú 

 

Office for Access to Public Information Peru, Proética (Peruvian chapter of Transparency International) 

 

HISTORICAL BACKGROUND

Click to view.

Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated July 2006)

HISTORICAL BACKGROUND

Article 2(5) of the Constitution states:

All persons have the right: […] To solicit information that one needs without disclosing the reason, and to receive that information from any public entity within the period specified by law, at a reasonable cost. Information that affects personal intimacy and that is expressly excluded by law or for reasons of national security is not subject to disclosure.(1)

Access to information is constitutionally protected under the right of habeas data. Several cases have allowed the courts to establish their jurisdiction over, and support for, habeas data.(2)

The Law of Transparency and Access to Public Information was adopted in August 2002 and went into effect in January 2003.(3) Under the law, every individual has the right to request information in any form from any government body or private entity that offers public services or executes administrative functions without having to explain why. Documentation funded by the public budget is considered public information. Public bodies must respond within seven working days which can be extended in extraordinary cases for another five days.

The Parliament substantially amended the law in January 2003 following criticism of the excessive exemptions, especially relating to national security, and a law suit filed by the Ombudsman in the Constitutional Tribunal challenging the constitutionality of the Act.

There are three tiers of exemptions: For national security information the disclosure of which would cause a threat to the territorial integrity and/or survival of the democratic systems and the intelligence or counterintelligence activities of the CNI; reserved information relating to crime and external relations; and confidential information relating to pre-decisional advice, commercial secrets, ongoing investigations and personal privacy. Information relating to violations of human rights or the Geneva Conventions of 1949 cannot be classified. The exempted information can be obtained by the courts, Congress, the General Comptroller, and the Human Rights Ombudsman in some cases.

Appeals can be made to a higher department. Once appeals are completed, the requestor can appeal administratively to the court under Law N° 27444 or under Law N° 26301 for the constitutional right of habeas data.(4) As of 2005, there had been 25 petitions before the Constitutional Court under habeas data.(5) In 2003, The Constitutional Court ordered the release under habeas data of all the expenses of the ex-president of Peru, Mr. Alberto Fujimori in his travels abroad.(6)

The Ombudsman can also investigate non-compliance and issue non-binding opinions.(7) The Ombudsman is also conducting training and promoting the Act. Prior to the Act, the office handled many cases informally on access to personal records.

The law also requires government departments to create web sites and publish information on their organization, activities, regulations, budget, salaries, costs of the acquisition of goods and services, and official activities of high-ranking officials. Detailed information on public finances is also required to be published every four months on the Ministry of Economic and Finance's web site.

There were nearly 40,000 requests in the first year.(8) However, a review by the Instituto de Prensa y Sociedad (IPYS) found that many of the requests were not requests for information but requests for certificates and licenses, proposals, invitations and congratulatory messages. A monitoring project by IPYS found that only 17 percent of requests were fully responded to, 32 percent of requests were not answered at all and 68 percent of the requests answered were not done within the timeframes.(9) The Access Initiative - Peru review of access to environmental information found numerous problems including a continued culture of secrecy, low awareness of the law, a lack of systemized information, and lack of reliable information.(10)

A new law on Intelligence services was approved by the Parliament in June 2005. It creates new categories of classified information and allows for greater withholding on information by intelligence services.(11) The Criminal Code prohibits the disclosure of state secrets.(12)

The government has committed to creating a special commission to develop a data protection act but it has not advanced.(13)

2004 freedominfo.org Global Survey Results - Peru

NOTES

Constitution of Peru, 1993. http://pdba.georgetown.edu/Constitutions/Peru/per93reforms05.html (Spanish)

See Javier Casas, A Legal Framework for Access to Information in Peru, in Article 19, Time for Change: Promoting and Protecting Access to Information and Reproductive and Sexual Health Rights in Peru, January 2006. See list available at http://www.cajpe.org.pe/RIJ/bases/juris-nac/aip.htm

Ley 27.808 de transparencia y acceso a la información pública. http://www.justiceinitiative.org/db/resource2/fs/?file_id=15210

Ley N° 26301, Aprueban Ley Referida a la Aplicacio de la Accion Constitucional de Habeas Data, 2 May 1994. http://www.asesor.com.pe/teleley/bull505.htm.

Casas. Id.

http://www.cajpe.org.pe/RIJ/bases/juris-nac/aip.htm

Homepage: http://www.ombudsman.gob.pe/

Casas. Id.

Instituto de Prensa y Sociedad, http://www.ipys.org/monitoreosolicitudes.pdf

The Access Initiative - Peru, Situation of the Access to the Information, to the Social Participation and to the Environmental Justice in Peru.

Consejo de la Prensa Peruana, Intelligence law contradicts transparency and access to public information law, 7 July 2005.

Article 330.

Ministerial Resolution No. 094-2002-JUS

 

 

Measuring Openness

Global Right to Information Rating
A country-by-country rating of laws by the Centre for Democracy and Law and Access Info.

Freedom House
The Freedom in the World report.

World Bank
Worldwide Governance Indicators

Transparency International, Corruption Perceptions Index
Measures perceptions of the degree of corruption.

Reporters Without Borders
The Press Freedom Index.