The Presidency of the Council of Ministers (PCM)who drives Hannibal Torresdemanded the Ministry of Justice and Human Rights in order to prevent the delivery of public information regarding the emails of the former prime ministers that was requested by the lawyer Dania Coz Barón, head of the Access to Public Information Unit of the Iriarte Asociados study.
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“We request to declare the nullity of resolution 00001763-2021-JUS/TTAIP-SEGUNDA SALA dated August 11, 2021, issued by the Court of Transparency and Access to Public Information-an agency attached to the Ministry of Justice and Human Rights – in which the filed claim is declared founded”, is indicated in the main claim of the PCM.
THE CASE.
The information was requested on May 25, 2021, where “all emails, sent and received, of all the people who held the position of President of the Council of Ministersfrom July 28, 1990 to May 25, 2021″, according to the documentation we accessed.
Initially, the request was denied by the PCM alleging that the information contained in the same message or in an email attachment is personal and private to the server to whom the account is assigned.
“The information contained in the emails of public officials may contain secret, reserved and confidential information, in turn, may contain information of a personal and private nature of the server, which is why the requested emails are not accessible. public”, the arguments are indicated.
After that, on June 11, 2021, the citizen filed an appeal claiming that, if an email may contain private information or subject to legal exceptions, “it is not an obstacle to deny the request for information, and in all case comply with the delivery of partial information.
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Likewise, it argued that the Regulation of the Law of Transparency and Access to Public Information was modified by the Supreme Decree on November 14, 2018, where it is detailed that the “information contained in emails” of officials and public servants is from public access, provided that it is institutional information of a public nature”.
For this reason, following the analysis carried out by the Second Chamber of the Court of Transparency and Access to Public Information of the Minjus, the appeal was declared founded and the PCM to “deliver the requested public information” except for emails that are secret, reserved or confidential.
