N i c a r a g u a

14. PUBLIC INFORMATION AND ACCESS TO GOVERNMENT INFORMATION

In accordance with Article 52 of the Constitution, news-gatherers may seek access to a public documents or to obtain the required information. However, generally it is up to the public authority consulted to decide whether or not to grant access to public records.

Article 52 of the Constitution says that ?the citizens have the right to petition, denounce anomalies and issue constructive criticism individually and collectively to those in power in the state or any authority, to obtain a prompt resolution or response and be informed of the result in the time the law provides.?

In addition, the previously-mentioned Article 66 stipulates that Nicaraguans have a right to accurate information and in the exercise of that right they shall be entitled to seek, receive and impart information and ideas, whether orally, in writing, graphically or by any other means they may choose.

Article 131 of the Constitution establishes the duty of public officials to inform the public on their work or official activities.

Although, as already noted, access to public records may be had through the recourse set out in Article 26 of the Constitution, which provides for the possibility of obtaining the reasons and purposes for any information that may be in the official archives when it has to do with the person requesting it, the vast legislation on the confidentiality of public records makes it seem likely that such access, as already pointed out, is difficult.

The Penal Code characterizes as unlawful the disclosure of state secrets and official information (Articles 538 and 540). It classifies information as top secret, secret and confidential (Article 540). It says that any information coming from sources within the government as a direct result of the way in which official actions are carried out shall be considered ?Official Information? and its dissemination shall be subject to the limitations that guarantee the security of National Defense.

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