The Comptroller Basic’s Workplace (CGC) has reversed the establishment’s declaration of confidentiality of knowledge for the subsequent seven years, as confirmed by the state auditing entity on its social networks.
The sources mentioned that the CGC authorities, in response to criticism that arose after the choice was printed within the official journal, determined to retract their determination beneath the argument of “respecting entry to data throughout the framework of transparency and accountability.”
Because of this, based on official data, this Thursday, June 27, the CGC printed the choice to “repeal decision A-068-2024”, which gave life to the data reserve for the subsequent seven years, one thing that This similar week the Constitutional Court docket made it, associated to its safety scheme.
The content material
On June 26, 2024, the CGC printed decision A-068-2024 within the Official Gazette of Central America, which establishes that data on audit instruments and processes should be reserved for the subsequent seven years.
The CGC declared as confidential the details about the devices, paperwork, appointments, inputs, methodology, digital communication, pc functions, techniques, provisions or procedures used for the planning, execution, communication of outcomes and administration of the audit processes, as acknowledged within the publication within the official journal.
Additionally authorized experiences, letters, opinions, technical and/or authorized experiences, draft complaints, claims, calls for or authorized paperwork issued because of the audits.
The supervisory establishment primarily based mentioned decision on article 23, paragraph 9, of the Regulation on Entry to Public Data, which refers to confidential data that’s decided on this method by the impact of one other regulation.
The decision establishes that the confidential data can solely be identified to the suitable holder, “who ensures the confidentiality of the main points entrusted to him.”
⚠️📣 The Workplace of the Comptroller Basic expresses its agency conviction and respect for the observance of entry to public data, throughout the framework of transparency and accountability. pic.twitter.com/aFLSMFFwDT
— Comptroller Basic of Accounts (@Contraloria_gt) June 27, 2024
In opposition to
VOS deputy José Stylish filed a movement for evaluate with the Comptroller’s Workplace. The legislator believes that it was a foul determination and would anticipate them to conform by reversing the choice to order data from the auditing entity.
Stylish commented that also they are analyzing whether or not to file actions in opposition to the Constitutional Court docket for having made the identical determination this week.
The legislator criticized the pinnacle of the Human Rights Ombudsman’s Workplace (PDH), Alejandro Córdova, for having issued a short place on this subject.
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President Bernardo Arévalo additionally spoke out, publishing on social networks that “reserving data, which must be publicly accessible, just isn’t the trail that Guatemala selected.”
In line with the president, “the choice of the Comptroller Basic of Accounts is a foul signal. For extra transparency and fewer opacity within the public service, I urge that this measure be reviewed and repealed.”
Manfredo Marroquín, founding father of Acción Ciudadana (AC), chapter of Transparency Worldwide in Guatemala, believes that this determination is questionable as a result of they reserve “regular” data from the Comptroller’s Workplace.
“These are regular procedures that don’t advantage being stored secret,” he mentioned. Marroquín additionally introduced that he would file authorized motion for such measures.
“They can not and shouldn’t reserve procedures or audits. That is clearly unlawful and unjustified. The regulation establishes when a reservation is important, however this isn’t the case,” he argues.
Because of this, based on the founding father of AC, they are going to current an enchantment for evaluate “in opposition to the classification of reserved data printed by the Comptroller’s Workplace as a result of it violates the utmost publicity of the executive acts established by the Structure and the human proper to Entry to Data “.
In line with the evaluation by Citizen Motion, this determination, like that of the titular magistrates of the Constitutional Court docket (CC), is a part of “a wave that seeks to generate opacity within the management establishments.”
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