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Argentina: Amendment to Regulatory Decree No. 206/2017

in short

Adopted Decree No. 780/2024 published in the Official Gazette on September 2, 2024 (“decree“), Regulatory Decree No. 206/2017 and its subsequent amendments (“Regulatory ActAccess to Public Information Act No. 27275 (“law“) has been modified.


Among other things, the Act makes the following amendments to the Regulation Act:

  • The Decree defines the scope of (i) public information, which does not include private data or data not in the public interest; (ii) documents, which is limited to any records generated, controlled or held within the framework of state activities, excluding Preparatory deliberations and working papers.
  • The Act sets out the formal requirements for information requests.
  • As for the exception to the provision of requested information within the framework of a request, the Decree clearly stipulates that the nature of confidentiality must be determined in advance by a proven act of the competent authority and shall be retained for 10 years from the date of its creation.
  • The Act regulates the functions of persons responsible for obtaining public information.
  • The decree regulates the platform for managing requests and responses, which must allow the identification of applicants, content and responses.

It is explained that the decree aims to adjust the provisions of the law based on the practical experience of the seven years since its implementation to facilitate citizens’ access to public information.

spanish version

* Baker McKenzie paralegal Agustin Gastaldi also contributed to the creation of this alert.


author
Guillermo Cervio

Guillermo Cervio is a partner in Baker McKenzie’s Buenos Aires office. With over 30 years of experience, he is recognized as the foremost practitioner in his field. He founded the IT/C team in Argentina and served as coordinator of the Latin America IT/C team from 2008 to 2017. He currently serves on Baker McKenzie LatAm’s IPTC Team Steering Committee.
Guillermo has written books and articles on legal matters. He received awards for his book “Derecho de las Telecomunicaciones” (National School of Law – Mención de Honor, 1998 and Universidad Australasia – premio tesina, 1997) and for the paper he presented at the 9th National Congress of Corporate Law. (Tucumán, 2004). He has been a professor at the University of Buenos Aires, the University of the South, the University of Palermo, the Catholic University and CEMA. In 2003, he was awarded a Folsom Fellowship from the Dallas Center for American and International Law.


author
Martin A. Ross

Martín Roth is a partner in the M&A, real estate and TMT practice groups in Baker McKenzie’s Buenos Aires office. Martín has over 13 years of extensive domestic and international transaction experience, focusing on the real estate and TMT industries. Prior to joining Baker McKenzie, he worked as a trainee solicitor in the corporate, banking/finance and litigation areas of a local law firm in Argentina. From 2007 to 2012, he worked in Baker McKenzie’s Buenos Aires office. From 2013 to 2016, he worked as an independent attorney at another law firm. Martin rejoined the Buenos Aires office in 2016 and was appointed partner in July 2019.

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