The First Chamber of the Court of Transparency and Access to Public Information ordered the Public Ministry to deliver the data of the sworn declarations of income and assets and income of the prosecutor of the nation, Patricia Benavidezincluding what is considered reserved.
Initially, the information was requested by the lawyer Fernando Barrionuevo Blas in August this year. However, after the legal term, there was no response from the prosecutionTherefore, the lawyer considered that the request was denied due to administrative silence.
Then, in October, Barrionuevo Blas filed an appeal with the Court of Transparency and Access to Public Informationinstance that declared the appeal founded.
In his releases, the Public ministry He alleged that the required data was not in his possession. However, in the resolution issued by LP Lawit is recorded that the law that regulates the presentation of sworn declarations establishes that, before being sent to the Comptrollerthese are sent to the general direction of administration of the entity in which the official or public servant works.
“It is not noted that the entity has requested the information requested from the competent organic unit of the entity that, based on its functions, is linked to the documentation that is the subject of the request”, reads in the document.
reserved information
The affidavits consist of two sections: ‘public information’ and ‘reserved information’. Fernando Barrionuevo requested access to the second.
In this sense, the First Chamber of the Transparency Court recalled that the Constitutional Court has already established that part of the data that is considered reserved can be made transparent. This is the one corresponding to movable and immovable property, and income from the public sector.
It is considered a violation of the right to privacy the delivery of information on assets and income from the private sector, non-registrable personal property and that related to savings, placements, deposits and investments in the financial system of public servants and society. of earnings.
“In the event that there is information protected by an exception contemplated in the Transparency Law, it is perfectly feasible to proceed to deliver the requested public documentationproceeding to cross out the information that is protected by the exceptions contemplated in the Transparency Law”, warns the collegiate.
According to the Public Ministry, the information required by the citizen was sent this week.
