Access to public information in Latin America: Analysis of institutional design in Chile, Colombia and Mexico (2002-2014)

Abstract

This research examines information laws in Mexico, Chile and Colombia, and contrasts them with an ideal regulatory model based on some recommendations of the OAS Model Law. The analysis focuses on the comparison of the institutional designs from five dimensions: 1) characteristics of the system of access to information; 2) the obligors; 3) restricted regime of exceptions; 4) guarantee of the right or judicial; and 5) institutional body guarantor of the law. The thesis is that the right to information has greater assurance for exercise when the existence of specific legislation, to incorporate fundamental principles of the regime of access to information, combined with the existence of a specific body (with budgetary, operational and decision-making autonomy), in charge of promoting and guaranteeing that right, which generates incentives for broader use by users and a greater guarantee of the right in case of refusal.