 |
 |
 |
 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
 |
 |
|
 |
|
||||
|
E c u a d o r 14. PUBLIC INFORMATION AND ACCESS
TO GOVERNMENT INFORMATION Ecuador has various rules that give private citizens the right
to access information contained in official archives. However, sometimes
it is difficult to obtain such information for journalistic purposes.
The foregoing rules are: Numeral 15 of Art. 23 of the Constitution gives all private
citizens the right to present grievances and petitions and the right
to have a relevant response within a reasonable period. Art. 81
also provides for the state to guarantee the right to have access
to sources of information, including official and public information.
Specifically, Art. 81 states there will be no restrictions regarding
information contained in public archives expect for what is protected
for reasons of national defense and others prescribed by law. Nevertheless, individuals may have access to information that
affects them directly, even in cases involving national defense,
by following special procedures described in Art. 94 of the Constitution. The Law of Practice of Professional Journalism provides: Art. 39: ?Within the limitations established by this law, professional
journalists shall have free access to authorized sources of information,
and in this context, they are to receive whatever legal aid is needed
from all agencies of the state, private corporations with social
or public objectives and private persons.? For its part, the Criminal Code sanctions whomever should obstruct
the exercise of the right to petition by ordering: Art. 212: ?A fine of 40 to 100 sucres and imprisonment from
one to six months shall by applied to authorities that in any way
obstruct the free exercise of the right to petition.? Art. 28 of the Law of Modernization of the State provides:
?All claims, requests or petitions must be processed within 15 days
from their date of submission, except when a legal instrument expressly
provides a different time frame. No administrative body shall suspend
traditional practice or refuse to issue a decision on petitions
or claims submitted by individuals under their administration. In
each case, upon expiration of the above-cited period, silence on
the part of the administration shall be understood to mean the request
or petition has been resolved in favor of the petitioner. Should
an administrative authority not accept a petition, suspend an administrative
procedure or fail to issue a resolution within the time period prescribed,
this fact may be denounced before judges with criminal jurisdiction
as an act contrary to the right of petition guaranteed by the Constitution
in accordance with Art. 213 of the Penal Code and without prejudice
of other actions provided in different laws. A top-ranking administrative
authority who confirms that a lower-ranking civil servant has suspended
an administrative procedure or failed to resolve it within 15 days
after submission, shall report this fact to the Minister Prosecutor
of the relevant district for legal action. The same rule cited in Art. 32 refers as follows to access
to documents: ?Unless provided by special laws, and in order to
assure orderly administrative practice and promote impartial conduct,
anyone interested in trusteeship of legally protected situations
shall have the right to access administrative documents in possession
of the state and other entities of the public sector.? Art. 33: ?The public official or civil servant who breaches
any of the provisions contained in this chapter will be penalized
with termination, without prejudice of civil, criminal or administrative
liabilities provided in other laws.? The Law of Constitutional Control institutionalizes Habeas
Data. This provides: Art. 34: ?Persons or legal entities, national or foreign, who
solicit access to documents, data banks or reports about themselves
or their assets in possession of public agencies, private persons
or entities, and wish to be appraised of the past or future use
and purpose of such documents, may file a recourse of Habeas Data
to demand answers as well as compliance with the trusteeship provisions
of this law by persons in possession of said data or information. Art. 35: ?Habeas Data provides: a) Assurance that the
petitioner obtains complete, clear and truthful information from
those who may have it in their possession. b) Direct access to information. c) Correction, suppression
and non-disclosure to third parties of information by those who
have it in their possession. d) Certification and
verification that those in possession of information have corrected,
suppressed or not disclosed it.?
Art. 36: ?Habeas Data is not applicable when it affects professional
confidentiality; when it obstructs justice; when requested documents
are classified for reasons of national security.? The suppression
of certain data and information cannot be requested when the law
provides that they should be kept in public or private archives
or registers. Art. 43: ?Non-tenured public officials who refuse to comply
with resolutions issued by judges or courts within the Habeas Data
framework shall be summarily dismissed from their post or employment
by a competent judge or court. Exception is made for officers elected
by the National Congress, who shall be dismissed and submitted to
political trial by this body by reasonable request of a judge or
court.
|
questions
or comments? | |
