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DECREE No. 534
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-

That according to the Constitution of the Republic and international treaties on
Human Rights, everyone has the right to freedom of expression, which
includes the freedom to seek, receive and impart information of all kinds,
regardless of borders, whether written, verbal, electronic or by any
Another way.

II.-

That the Inter-American Convention and the United Nations Convention against
Corruption recognize that transparency, the right of access to
information, the right to citizen participation and the obligation of the
authorities to the rendering of accounts of public management, are tools
ideal for preventing, detecting, punishing and eradicating acts of corruption.

III.-

That public power emanates from the people and officials are their delegates, in
reason for which the inhabitants have the right to know the information that is
derives from government management and the management of public resources, for
what is an obligation of public officials to act with transparency
and be accountable.

IV.-

That transparency and access to public information are basic conditions
for effective citizen participation, which contributes to strengthening
of public institutions, to improve the quality of democracy and
to the full validity of the rule of law.

V.-

That, by virtue of the foregoing, it is essential to issue a law on access to the
public information that harmoniously regulates the exercise of rights
enunciated human beings, promote citizen participation, the efficiency of
public administration, the fight against corruption and the generation of a culture
transparency.

THEREFORE ,
in use of his constitutional powers and at the initiative of the Deputies: César Humberto García
Aguilera, Roberto José d'Aubuisson Munguía, Irma Lourdes Palacios Vásquez, Mario Alberto Tenorio
Guerrero, Miguel Elias Ahues Karra, Federico Guillermo Avila Qüehl, Fernando Alberto José Avila Quetglas,
Carmen Elena Calderón Sol de Escalón, Erick Ernesto Campos, Margarita Escobar, Carmen Elena Figueroa
Rodríguez, José Rinaldo Garzona Villeda, Ricardo Bladimir González, José Nelson Guardado Menjivar, Carlos
Walter Guzmán Coto, Benito Antonio Lara Fernández, Mario Marroquín Mejía, Hugo Roger Martínez Bonilla,
Erik Mira Bonilla, Rafael Eduardo Paz Velis, Mariela Peña Pinto, Manuel Orlando Quinteros Aguilar, Carlos
Armando Reyes Ramos, David Ernesto Reyes Molina, Dolores Alberto Rivas Echeverría, Rodrigo Samayoa
Rivas, Manuel Rigoberto Soto Lazo, Boris Geovanni Torres Hernández, Enrique Alberto Luis Valdés Soto,
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Donato Eugenio Vaquerano Rivas, Guadalupe Antonio Vásquez Martínez and Luis Arturo Fernández Peña
(Period 2006 - 2009) and with the support of the Deputies: Alberto Armando Romero Rodríguez, Francisco
Roberto Lorenzana Durán, Lucia del Carmen Ayala de León, Yohalmo Edmundo Cabrera Chacón, Félix
Agreda Chachagua, Darío Alejandro Chicas Argueta, José Alvaro Cornejo Mena, Carlos Cortez Hernández,
Luis Alberto Corvera Rivas, Blanca Noemí Coto Estrada, Raúl Omar Cuéllar, Nery Arely Díaz de Rivera,
Antonio Echeverría Veliz, Emma Julia Fabián Hernández, Santiago Flores Alfaro, José Armando Grande
Peña, Iris Marisol Guerra Henríquez, Norma Fidelia Guevara de Ramirios, Gladis Marina Landaverde
Paredes, Audelia Guadalupe López de Kleutgens, Hortensia Margarita López Quintana, Guillermo Francisco
Mata Bennett, Manuel Vicente Menjivar Esquivel, Heidy Carolina Mira Saravia, Guillermo Antonio Olivo
Méndez, Gaspar Armando Portillo Benítez, Zoila Beatriz Quijada Solís, Cesar René Florentín Reyes Dheming,
Inmar Rolando Reyes, Gilberto Rivera Mejía, Jackeline Noemí Rivera Avalos, José Mauricio Rivera, Gilberto
Rivera Mejía, Sonia Margarita Rodríguez Sigüenza, Ana Silvia Romero Vargas, Marcos Francisco Salazar
Umaña, Misael Serrano Chávez, Karina Ivette Sosa de Lara, Jaime Gilberto Valdez Hernández, Ramón
Arístides Valencia Arana, Mario Eduardo Valiente Ortiz, María Margarita Velado Puentes, Ana Daysi Villalobos
of Cruz.
DECREES the following:
LAW ON ACCESS TO PUBLIC INFORMATION
TITLE I
GENERAL DISPOSITION
Chapter I
Object, Purposes, Principles and Definitions
Object
Art. 1.- The purpose of this law is to guarantee the right of access of all persons to the
public information, in order to contribute to the transparency of the actions of the institutions of the
Condition.
Right of Access to Public Information
Art. 2.- Everyone has the right to request and receive information generated, managed or in
power of public institutions and other obligated entities in a timely and truthful manner, without supporting
interest or motivation.
Purposes
Art. 3.- The purposes of this law are:
to.

Provide everyone with the right of access to public information through
simple and expeditious procedures.

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b.

Promote the transparency of public management through the dissemination of information that
generated by the obligated entities.

c.

Promote the accountability of public institutions and agencies.

d.

Promotion of citizen participation in the control of government management and
citizen oversight of the exercise of public function.

and.

Modernize the organization of public information.

F.

Promote the efficiency of public institutions.

g.

Promote the use of information and communication technologies and the implementation
of electronic government.

h.

Protect the personal data in possession of the obliged entities and guarantee its accuracy.

i.

Contribute to the prevention and fight against corruption.

j.

Promote a culture of transparency.

k.

Facilitate citizen participation in decision-making processes
concerning public affairs.

3

Beginning
Art. 4.- The following principles shall govern the interpretation and application of this law:
to.

Maximum publicity: the information held by the obliged entities is public and its dissemination
Unrestricted, except for the exceptions expressly established by law.

b.

Availability: public information must be available to individuals.

c.

Promptness: public information must be provided promptly.

d.

Integrity: public information must be complete, reliable and truthful.

and.

Equality: public information must be provided without any discrimination.

F.

Simplicity: the procedures for the delivery of the information should be simple and
expedited.

g.

Free: access to information must be free.

h.

Accountability. Those who carry out responsibilities in the State or administer
public goods are required to be accountable to the public and the competent authority,

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for the use and administration of public assets under his charge and on their management,
according to the law.
Prevalence of the Maximum Publicity Criterion
Art. 5.- The Institute in case of doubt about whether information is of a public nature or is subject to
to one of the exceptions, you must make the publicity criteria prevail.
Definitions
Art. 6.- For the purposes of this law, it shall be understood as:
to.

Personal data: private information concerning a person, identified or
identifiable, relative to their nationality, domicile, assets, electronic address, number
telephone or other analogue.

b.

Sensitive personal data: those that correspond to a person in relation to the creed,
religion, ethnic origin, political affiliation or ideologies, union affiliation, preferences
sexual, physical and mental health, moral and family situation and other intimate information
of a similar nature or that could affect the right to honor, personal privacy
and familiar and to the own image.

c.

Public information: is that in the power of the obligated entities contained in documents,
files, data, databases, communications and all kinds of records that document
the exercise of their powers or activities, recorded in any medium, whether
printed, optical or electronic, regardless of its source, date of manufacture,
and that it is not confidential. Said information may have been generated, obtained,
transformed or preserved by them under any title.

d.

Informal information: is that public information that the obliged entities must
disseminate to the public under this law without the need for direct request.

and.

Reserved information: is that public information whose access is restricted in a way
expressed in accordance with this law, by reason of a general interest during a period
determined and for justified reasons.

F.

Confidential information: is that private information held by the State whose access
public is prohibited by constitutional or legal mandate because of a personal interest
legally protected.

g.

Public Servant: Natural person who provides services occasionally or permanently,
remunerated or ad honorem, who exercise their position by election, appointment, contract
or another modality within the administration of the State, the municipalities and the
autonomous official entities without exception. It also includes officials and
public employees and agents of authority at all hierarchical levels.

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h.

Transparency: it is the duty to act in accordance with the law, openness and publicity that they have
public servants in the performance of their powers and in the management of
resources that society entrusts to them, to make effective the right of every person to
know and monitor government management.

i.

Administrative units: those that, according to the organization of each of the
the obliged entities possess the requested information.

j.

Units of Access to Public Information: the administrative unit of the entities
obliged that receives and processes requests for information.

5

Chapter II
Obliged Entities and Owners
Obliged entities
Art. 7.- The organs of the State, its dependencies, are obliged to comply with this law.
autonomous institutions, municipalities or any other entity or body that administers
public resources, state assets or carry out acts of the public administration in general. Is included
within public resources those funds from Agreements or Treaties that the
State with other States or with International Organizations, unless the Convention or Treaty determines
another regime of access to information.
Mixed economy companies and natural persons are also bound by this law.
or legal entities that handle resources or public information or carry out acts of the state, national function
or local such as public contracts, concessions of works or public services. The scope of the
The obligation of these entities is limited to allowing access to information concerning the administration
of the funds or public information granted and to the public function conferred, where appropriate.
Consequently, all public servants, inside or outside the territory of the Republic, and the
people who work in the entities mentioned in this article, are obliged to comply with
this law.
Inclusion of Obliged Entities Regulated in Organic or Special Laws
Art. 8.- Public institutions whose organic laws or
special stipulate that to acquire obligations through another law must be expressly named,
such as the Executive Hydroelectric Commission of the Lempa River and the Salvadoran Social Security Institute.
Rights holders
Art. 9.- The exercise of the rights established in this law corresponds to every person, by himself
or through its representative, without the need to prove legitimate interest or preceding right.

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TITLE II
INFORMATION CLASSES
Chapter I
Informal Information
Information divulgation
Art. 10.- The obligated entities, informally, will make available to the public, will disclose
and will update, in the terms of the guidelines issued by the Institute, the following information:
1.

The regulatory framework applicable to each obligated entity.

two.

Its complete organizational structure and the competencies and powers of the units
administrative, as well as the number of public servants who work in each unit.

3.

The directory and curriculum vitae of public officials, including their emails
institutional.

Four.

The information on the assigned budget, including all the items, items and
amounts that comprise it, as well as project budgets.

5.

The procedures for the selection and hiring of personnel either by the Law system
of Salaries, contracts, wages or any other means.

6.

The list of advisers, determining their respective functions.

7.

Monthly remuneration per budget position, including salary categories
of the Law on Salaries and Contracts, and the amounts approved for allowances and expenses
representation.

8.

The annual operating plan and the results obtained in fulfilling it; the goals
and objectives of the administrative units in accordance with their operational programs;
and restructuring or modernization plans and projects.

9.

The work reports and reports that by legal provision generate the entities
forced.

10.

The services they offer, the places and times they are provided, the procedures
that are followed before each obligated entity and its corresponding requirements, formats and
deadlines.

eleven.

The lists of international trips authorized by the obligated entities that are
financed with public funds, including name of the official or employee, destination,
objective, value of the ticket, per diem assigned and any other expenses.

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12.

The address of the Access to Public Information Unit, the name of the
Information, email and telephone-fax number where inquiries can be received
and, where appropriate, applications.

13.

The accounting reports, every six months, on the execution of the budget, specifying
income, including donations and financing, expenses and results. In addition
All modifications made to the budget must be recorded, including
external transfers and those that by legislative authorization can be transferred
directly to organizations of different branches or administrative institutions with the
purpose of covering priority or unforeseen needs.

14.

The information related to the inventory of movable property whose value exceeds twenty
One thousand dollars.

fifteen.

The list of works in progress or executed totally or partially with public funds,
or with resources from loans granted to any of the entities of the
Status, indicating the exact location, the total cost of the work, the source of financing,
the execution time, number of beneficiaries, executing company or entity and
supervisor, name of the official responsible for the work and content of the contract
corresponding and its modifications, forms of payment, disbursements and guarantees in the
last three years.

16.

The design, execution, assigned amounts and criteria for access to subsidy programs
and tax incentives, as well as the number of beneficiaries of the program.

17.

Obliged entities must make public the information regarding amounts and recipients
private sources of public resources, as well as the reports they render on the use of
said resources.

18.

The permits, authorizations and concessions granted, specifying their holders, amounts,
terms, object and purpose.

19.

Contracts and acquisitions formalized or firmly awarded, detailing in
each case:
to.

Object.

b.

Amount.

c.

Name and characteristics of the counterpart.

d.

Deadlines for compliance and execution thereof.

and.

The way in which it was contracted, whether by means of tender or competition, public
or by invitation, free management, direct contracting, stock market or any
another regulated by law.

7

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F.
twenty.

8

Details of the award processes and the content of the contracts.

The records referred to in articles 14 and 15 of the Acquisitions and
Hiring of the Public Administration.

twenty-one.The mechanisms of citizen participation and accountability existing in the field
competence of each institution, the modalities and results of the use of said
mechanisms.
22.

The report of the indicators on compliance with this law that designs and applies the
Institute.

2. 3.

The statistical information they generate, protecting confidential information.

24.

State control bodies will publish the full text of their resolutions
enforceable, as well as the reports produced in all their jurisdictions.

25.

The collegiate bodies must make public their minutes of ordinary sessions and
extraordinary in what corresponds to issues of budget, administration and any
another that is deemed convenient, with the exception of those aspects that are declared
reserved according to this law.

The Ministry of Finance must present and publish a semi-annual report on the execution
budget of the State, within the thirty days following each semester, which will contain, as
minimum, the behavior of the most relevant activities by sector, as well as their execution
budgetary. Likewise, it must publish a consolidated report on the execution of the budget of the
State, in the terms of article 168 ordinal 6th of the Constitution.
Additionally, the Ministry of Finance must publish the amounts awarded to the parties
politicians, as political debt, as well as financial reports submitted by political parties
politicians and coalitions.
When it comes to statistical information, the information must be published in a
complete and disaggregated, incorporating the sex and age indicators and any other that allows the
citizen can be correctly informed.
Private entities that administer public funds must make public the
unofficial information contained in the preceding paragraphs, insofar as it relates to the use they make of
said funds.
The information referred to in this article must be published in a way that facilitates its use and
understanding and ensure its clarity, veracity, timeliness and reliability. Dependencies
They must comply with the guidelines and recommendations issued by the Institute in this regard.

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Informal Information of the Legislative Organ
Art. 11.- It will be informal information of the Legislative Organ, in addition to that contained in article
10, the following:
to.

The protocol of understanding of the parliamentary groups.

b.

The members of the legislative commissions.

c.

The members of the different parliamentary groups.

d.

The calls to commissions.

and.

The draft agenda for the ordinary and extraordinary sessions of the committees and
of the legislative plenary session.

F.

Members' attendance lists at committee meetings and sessions
plenaries.

g.

Pieces of correspondence received.

h.

Law projects.

i.

The opinions issued by the commissions.

j.

The decrees and agreements of the Legislative Plenary.

k.

The record of votes cast by each decree and agreement of the plenary session.

Informal information from the Presidency of the Republic and the Council of Ministers
Art. 12.- It will be informal information from the Presidency of the Republic and the Council of Ministers,
in addition to that contained in article 10, the following:
to.

The general plan of the Government.

b.

The Executive Decrees and Agreements.

c.

The draft agenda for the ordinary and extraordinary sessions of the Council of
Ministers

d.

The minutes of the meetings of the Council of Ministers.

and.

The texts of the vetoes and observations sent to the Legislative Assembly.

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Informal Information from the Judicial Branch
Art. 13.- It will be informal information of the Judicial Organ, in addition to that contained in article 10,
The next:
to.

The draft agenda of the ordinary and extraordinary sessions of the Plenary of the Court
Supreme of Justice.

b.

The final and final interlocutory sentences with final force.

c.

The systematization of jurisprudence.

d.

The updated texts of the current legislation.

and.

The minutes and resolutions issued by the Supreme Court of Justice in plenary session.

F.

The appointments or appointments of officials of other national entities or
international activities that it is responsible for carrying out.

g.

The orders of pareatis, extraditions and the qualification of the character of public order that
attribute to a law.

h.

The list of lawyers, notaries, judges and executing judges, with express mention of
new authorizations, suspensions and disqualifications.

i.

Statistics of judicial management, and those generated by the Institute of Legal Medicine.

j.

Relevant cases that citizens should know about due to their public interest.

Informal Information of the National Council of the Judiciary
Art. 14.- It will be unofficial information from the National Council of the Judiciary, in addition to that contained
in article 10, the following:
to.

The draft agenda for the ordinary and extraordinary sessions of the full Board.

b.

The one related to the selection and evaluation processes of magistrates and judges.

c.

The results and recommendations derived from them.

d.

The resolutions proposing shortlists of candidates for the positions of
magistrates of the Supreme Court of Justice, as well as the list of candidates that
present the Federation of Bar Associations of El Salvador.

and.

Resolutions proposing shortlists of candidates for chamber magistrates
of second instance and judges.

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F.

eleven

The programs of the Judicial Training School and the annual detail of the
trainings carried out.

Informal information from the Supreme Electoral Tribunal
Art. 15.- The Supreme Electoral Tribunal must disclose informally, in addition to the
mentioned in article 10, the following:
to.

The draft agenda for its ordinary and extraordinary sessions.

b.

The minutes of the plenary session.

c.

The jurisprudence emanating from its resolutions.

d.

Resolutions issued on petitions, complaints or appeals filed by citizens,
political parties or coalitions.

and.

The electoral calendar.

F.

The list of candidates for any popularly elected office.

g.

The result of the scrutinies.

h.

The conformation of the departmental and municipal electoral boards, and the
legal representatives of the parties or coalitions before said bodies

Informal Information of the Court of Accounts
Art. 16.- In addition to the information listed in article 10, the Court of Accounts of the
Republic must disclose the final reports of the audits carried out to the obliged entities,
regardless of its knowledge in the respective judicial process.
Informal Information of the Municipal Councils
Art. 17.- In addition to the information contained in article 10, the Municipal Councils must
publicize the municipal ordinances and their projects, regulations, municipal plans, photographs,
recordings and films of public events; Municipal Council minutes, final audit reports, minutes
to raise the secretary of the municipality on the performance of the participation mechanisms
citizen, and annual report of accountability.
Disclosure Forms
Art. 18.- The informal information referred to in this chapter must be available to the
public through any means, such as electronic pages, brochures, newspapers or other
publications, or special sections of their libraries or institutional archives.

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The Institute will encourage the obliged entities to use information technologies and that within
within a reasonable period of time the information is available to the public. However, no institution may
deny information under the pretext of not having the appropriate technology.
Chapter II
Reserved Information
Reserved Information
Art. 19.- It is reserved information:
to.

The secret military plans and political negotiations referred to in article 168
7th ordinal of the Constitution.

b.

The one that harms or puts in risk the national defense and the public security.

c.

The one that undermines international relations or the conduct of negotiations
diplomats of the country.

d.

The one that clearly endangers the life, safety or health of any person.

and.

The one that contains opinions or recommendations that are part of the deliberative process
of public servants, as long as the final decision is not adopted.

F.

The one that causes serious damage in the prevention, investigation or prosecution of acts
illicit, in the administration of justice or in the verification of the fulfillment of the laws.

g.

The one that compromises the strategies and state functions in judicial proceedings
or administrative in progress.

h.

The one that may generate an undue advantage to a person to the detriment of a third party.

The reserved character may not be invoked when it comes to the investigation of violations
serious fundamental rights or crimes of international importance.
Reservation Term
Art. 20.- The information classified as reserved according to article 19 of this law, will remain
with such character up to a period of seven years. This information may be declassified when
extinguish the causes that gave rise to that rating, even before the expiration of this term.
The Institute may extend the reservation period for an additional five years at the request of the entities
obliged, who will act ex officio or at the request of an interested person, as long as it is justified
that the causes that gave rise to its classification remain.
In the case of literals "a and b" of article 19 of this law, extensions may be given for periods
additional, if the obligated entity justifies the need for the continuity of the reservation.
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When the reservation period ends, the information will be public, without the need for an agreement or
prior resolution, and the confidential information that it still contains must be protected. The Institute shall
keep a public record of the information that is declassified.
Reservation Statement
Art. 21.- In the event that it considers that the information should be classified as reserved, the entity
The competent authority must state in its resolution that the following points are met:
to.

That the information fits into any of the causes of exception to access to the
information provided for in article 19 of this law.

b.

That the release of the information in question could effectively threaten the
legally protected interest.

c.

That the damage that could occur with the release of the information is greater than
the public interest in knowing the information in reference.

The resolution must contain the following information:
to.

Body, entity or source that produced the information.

b.

The date or event set.

c.

The authority that made the decision to reserve the information.

d.

The persons or entities authorized to access this information, preserving the character
confidential, if any.

and.

The parts of information that are subject to confidentiality or confidentiality and those that are
available for public access.

Reserved Information Index
Art. 22.- The Units of Access to Public Information will prepare semi-annually and by category
Thematic an index of the information classified as reserved. This index must indicate the unit
administrative authority that generated the information, the date of the classification, its basis, the reservation period
and, where appropriate, the parts of the documents that are reserved. This information must be sent to the
Institute.
In no case will the index be considered as reserved information and it must be
published.
Register of Reservations
Art. 23.- The Institute will be responsible for keeping the centralized register of the information indexes.
reserved, which will be available to the public.
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Chapter III
Confidential information
Confidential information
Art. 24.- It is confidential information:
to.

The one referring to the right to personal and family privacy, honor and self-image,
as well as medical files whose disclosure would constitute an invasion of the privacy of
person.

b.

The one delivered with such character by the individuals to the obliged entities, provided that by
the nature of the information have the right to restrict its disclosure.

c.

Personal data that requires the consent of individuals for its dissemination.

d.

The professional, commercial, industrial, fiscal, banking, fiduciary or other secrets considered
as such by a legal provision.

Parents and guardians will have the right of unrestricted access to confidential information
of minors under their parental authority.
Consent to Disclosure
Art. 25.- The obliged entities shall not provide confidential information without the mediation
express and free consent of the owner of the same.
Chapter IV
Common Provisions for Reserved and Confidential Information
Access to Information Restricted by Public Authorities
Art. 26.- The competent authorities will have access to confidential and reserved information.
within the framework of its legal powers.
Custody of Restricted Information
Art. 27.- The owner of each agency or entity must adopt the necessary measures to
ensure the custody and conservation of documents that contain reserved or confidential information.

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Responsibility
Art. 28.- Officials who disclose reserved or confidential information will respond
in accordance with the sanctions that this or other laws establish; in the same way, people will respond
that, knowing that it is reserved or confidential, disclose said information.
Discrepancy Resolution
Art. 29.- In the event of a discrepancy regarding the classification of the information between the individual and a
obligated entity or between obligated entities, will be resolved by the Institute.
Public versions
Art. 30.- In the event that the obligated entity must publish documents that contain their version
original reserved or confidential information, you must prepare a version in which you eliminate the elements
classified with marks that prevent their reading, stating in a note a reason that expresses the
deletion made.
TITLE III
PERSONAL INFORMATION
Chapter I
Personal data protection
Right to Protection of Personal Data
Art. 31.- Every person, directly or through their representative, will have the right to know
whether your personal data is being processed; to get an intelligible reproduction of it without delay;
to obtain the corresponding rectifications or deletions when the records are unjustified or
inaccurate and to know the recipients when this information is transmitted, allowing you to know
the reasons that motivated your request, in the terms of this law. Access to personal data is
exclusive of its owner or its representative.
Duties of the Obligated Entities
Art. 32.- The obliged entities will be responsible for protecting personal data and, in relation to
with these, they must:
to.

Adopt adequate procedures to receive and respond to inquiries,
updating, modification and deletion of personal data.

b.

Use the data exclusively in compliance with the institutional purposes for which
were requested or obtained.

c.

Ensure that personal data is accurate and up-to-date.

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d.

Rectify or complete personal data that are inaccurate or incomplete.

and.

Adopt measures that protect the security of personal data and prevent its alteration,
loss, transmission and unauthorized access.

16

Prohibition of Dissemination
Art. 33.- Obliged entities may not disseminate, distribute or commercialize personal data
contained in the information systems administered in the exercise of their functions, unless there is
mediated the express and free consent, in writing or by an equivalent means, of the individuals to whom
reference information.
Dissemination without consent
Art. 34.- Obliged entities must provide or disclose personal data, without the
consent of the owner, in the following cases:
to.

When necessary for statistical, scientific or general interest reasons, always
that the person to whom they refer is not identified.

b.

When they are transmitted between obligated entities, as long as the data is intended for the
exercise of their powers.

c.

In the case of the investigation of crimes and administrative offenses, in which case
The procedures provided for in the pertinent laws will be followed.

d.

When there is a court order.

and.

When they hire or use third parties to provide a service that demands
the processing of personal data. Third parties may not use personal data
for purposes other than those for which they were provided and will have
the legal responsibilities generated by their actions.

List of Records or Personal Data Systems
Art. 35.- Obliged entities that possess, by any title, records or data systems
personal information, they must make it known to the Institute, which will maintain an updated list of
themselves and general information about their security protocols.
Obliged entities that decide to destroy a personal data system must notify the
Institute, for the purpose of removing it from the list.

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Chapter II
Process
Request for Personal Data
Art. 36.- The holders of personal data or their representatives, with prior accreditation, may
request from the obligated entities, either by free writing, under the terms of article 66 of this law
or form issued by the Institute, the following:
to.

The information contained in documents or records about your person.

b.

Report on the purpose for which such information has been collected.

c.

The direct consultation of documents, records or files containing your data that
work in the registry or system under their control, in the terms of article 63 of this law.

d.

The rectification, updating, confidentiality or deletion of the information that you
it concerns, as the case may be, and since the procedure for such modifications
is not regulated by a special law.

In the case of literals a, b and c, the obligated entities must deliver within ten days
working hours, counted from the presentation of the application, in a format understandable to the applicant,
the corresponding information; Or, they will notify you in writing that this registry or data system
personal does not contain those required by the applicant.
In the case of literal d, the request must be accompanied by the documentation that supports the
order. The Information Officer must deliver to the applicant, within thirty business days from
the presentation of the application, a communication stating the modifications; or, it will inform you
motivated, the reason why the reforms did not proceed.
Free Delivery of Personal Data
Art. 37.- The delivery of personal data will be free, having to cover the individual only
the costs referred to in article 61 of this law.
Appeal
Art. 38. - Against the refusal to deliver reports, direct consultation, rectification,
update, confidentiality or deletion of personal data, the appeal of
appeal to the Institute. Said appeal will also proceed in the event of a lack of response within the deadlines
referred to in article 36 of this law.
Legal actions
Art. 39.- In case of denial of the appeal before the Institute, the
other actions provided by law.
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TITLE IV
File management
Single Chapter

Guidelines for File Management
Art. 40. - The Institute shall be responsible for preparing and updating the technical guidelines for the
administration, cataloging, conservation and protection of public information held by entities
required, unless there are special laws that regulate the administration of files of the entities
forced.
The guidelines will take into account international norms, standards and practices in the
matter.
The guidelines will be general guidelines for the more effective and efficient administration of
the files.
Content of the Guidelines
Art. 41. - The guidelines issued by the Institute for the creation or generation of data and files,
as well as for their conservation, they will contain the following aspects:
to.

Criteria on the identification and monitoring of data and documents from the moment
in which they are created or received.

b.

Mechanisms that allow the adequate administration, cataloging, conservation and
protection of information according to its nature.

c.

Mechanisms for the preservation and maintenance of information that obeys
minimum standards in archival science.

d.

Training officials in archival techniques.

and.

The organization of the information, in a way that facilitates the direct consultation of the
individuals.

F.

The use of technologies that allow the efficient and effective safeguarding of information
public.

The guidelines must take into account the material and human resource capacities of
the institutions to which they are addressed.

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File Operation
Art. 42.- The obligated entities, in accordance with the applicable provisions, must ensure
the proper functioning of the files, for this purpose:
to.

They will create a filing system that allows the data to be located quickly and safely
that it generates, processes or receives as a result of the performance of its function, which must
stay updated.

b.

They will establish programs to automate the consultation of files by means
electronic

c.

They will be guided by the guidelines and observations issued by the Institute on the matter.

Head of Archives
Art. 43. - The heads of the obligated entities will designate an official responsible for the
archives in each entity, who will be in charge of the organization, cataloging, conservation and
administration of the entity's documents; In addition, it will prepare and make available to the public a
guide to the organization of the archive and the classification and cataloging systems.
Archives Characteristics
Art. 44.- The information held by public institutions must be available in the
corresponding files, which must meet the following characteristics:
to.

In the case of information corresponding to the current year, printed in
paper, digitized or in any electronic medium.

b.

Informal information for the year immediately preceding the one in progress must be
be available electronically for consultation and organized in accordance with the
archival principles.

c.

The files should be classified by periods, areas or items.
TITLE V
Promotion of the Culture of Access to Information
Single Chapter

Training of Public Servants
Art. 45.- In order to promote a culture of access to information in the administration
public authorities, the obliged entities must periodically train all their public servants in
of the right of access to public information and the exercise of the right to the protection of personal data,
through courses, seminars, workshops and any other form of teaching and training that they consider
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relevant. The Institute may cooperate in the design and execution of said training, for which it may
celebrate agreements with the different public entities.
Promotion of Access to Information Culture in Study Programs
Art. 46.- The Ministry of Education will include in education study plans and programs
formal for the initial, kindergarten, basic and middle levels, contents that deal with the importance
democratizing of transparency, the right of access to public information, the right to
citizen participation for decision-making and control of public management and the right to
personal data protection. The Institute will give suggestions for said study plans and may celebrate
agreements with public and private institutions that provide formal education services at these levels.
The Ministry of Education, with the cooperation of the Institute, will train the teachers who teach these
courses.
The Institute will promote the integration of higher education in public and private institutions
of the topics indicated in the previous paragraph, within their curricular academic activities and
extracurricular. To this end, the Institute may enter into agreements with said institutions to share
experiences in the matter and for assistance in the design of study plans and programs.
Promotion of a Culture of Transparency in Civil Society
Art. 47.- The Institute will promote the culture of transparency in civil society in order to
that the benefits of this law can be effectively projected at the service of all people.
To this end, the Institute will hold workshops, conferences, seminars and other similar activities to disseminate
the rights and obligations that this law contemplates, as well as to train the members of society
civil in the exercise of the right of access to information, right to citizen participation for the
decision-making and control of public management, the protection of personal data and others that
contemplates the present law.
To achieve the aforementioned purposes, the Institute may sign agreements with all kinds of
private and public organizations.
TITLE VI
INSTITUTIONAL STRUCTURE
Chapter I
Units of Access to Public Information and Information Officers
Units of Access to Public Information
Art. 48. - Obliged entities of the public sector will have units of access to information
public, which will be created and organized according to the characteristics of each entity and institution to
handle requests for information. Auxiliary units may be established due to the structure
organizational, budget bases, classes and volume of operations.

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The Information Officer will be appointed by the head of the respective entity to direct the unit.
The Institute, by means of a reasoned resolution, may suggest the creation of Access Units to the
Additional Public Information in order to guarantee the effective exercise of the right of access to the
public information, taking into consideration the criteria mentioned in the first paragraph of this
Article.
Municipalities with an ordinary annual budget of less than two million dollars may
have one-person Information Access Units made up of the Information Officer, whose
designation may fall on the Municipal Secretary or on any of the members of the Municipal Council.
Requirements to be an Information Officer
Art. 49. - To be an Information Officer it is required:
to.

Be Salvadoran, of recognized honor, with experience in the Administration
Public, and suitability for the position.

b.

Preferably with a university degree.

c.

Not having been convicted of committing any crime or punished for breaking the Law
of Government Ethics in the five years prior to the exercise of the position.

d.

Being solvent of administrative responsibilities in the Court of Accounts of the Republic,
the Attorney General's Office and the Public Treasury. In case of professions
regulated, not having been sanctioned by the supervisory body of the profession in the
last five years.

and.

Be at least twenty-one years of age on the day of their appointment.

F.

Participate in a transparent and open contest to access the position.

g.

Receive a preparatory course taught by the Institute.

In cases where, in accordance with the previous article, the appointment of the officer falls on
the Municipal Secretary or a member of the Municipal Council, compliance with the requirements
established in literals a, c, d, e and g of the previous paragraph.
Functions of the Information Officer
Art. 50.- The Information Officer will have the following functions:
to.

Collect and disseminate informal information and encourage the responsible entities to
update periodically.

b.

Receive and process requests regarding personal data at the request of the owner
and access to information.

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c.

Assist individuals in the preparation of requests and, where appropriate, guide them on
the agencies or entities that may have the information they request.

d.

Carry out the necessary internal procedures for the location and delivery of the information
requested and notify individuals.

and.

Instruct the servers of the agency or entity that are necessary, to receive
and process requests for access to information.

F.

Keep a record of requests for access to information, their results and costs.

g.

Guarantee and streamline the flow of information between the agency or entity and the
individuals.

h.

Make the corresponding notifications.

i.

Resolve on requests for information submitted to them.

j.

Coordinate and supervise the actions of the corresponding agencies or entities
in order to provide the information provided for in this law.

k.

Establish internal procedures to ensure greater efficiency in the management of
requests for access to information.

l.

Develop a program to facilitate obtaining information from the agency or
entity, which must be periodically updated.

m.

Prepare the index of the information classified as reserved.

n.

Prepare and send to the Institute, in accordance with the guidelines issued by it, the
data necessary for the preparation of the annual report referred to in article 60 of
this law.
Chapter II

22

Institute for Access to Public Information
Creation of the Institute for Access to Public Information
Art. 51.- Create the Institute of Access to Public Information, as an institution of law
public, with legal personality and its own assets, with administrative and financial autonomy, in charge of
to ensure the application of this law. In its text, it may be called The Institute.
Institute integration
Art. 52.- The Institute will be made up of five Commissioners and their respective alternates, who
They will be appointed by the President of the Republic. They will last in their positions for six years and may not be
re-elected.
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The alternate commissioners will replace the owners in case of death, resignation, permission,
inability to attend, excuse when there is a conflict of interest or other valid reason.
The institute will adopt its decisions by simple majority.
Election Procedure
Art. 53.- The proprietary and alternate Commissioners will be elected from shortlists proposed as follows:
to.

A shortlist proposed by duly registered business associations.

b.

A shortlist proposed by duly registered professional associations.

c.

A shortlist proposed by the University of El Salvador and private universities
duly authorized.

d.

A shortlist proposed by duly registered journalists' associations.

and.

A shortlist proposed by the unions authorized by the Ministry of Labor and Social Security
Social.

The election of the shortlists will be carried out in a general assembly by sectors, called
especially to the effect. It will correspond to the Ministry of Economy to summon the associations
business; the Ministry of the Interior to summon professional associations; to the Ministry of
Education summon universities; to the Communications Secretariat of the Presidency of the Republic
summon journalists' associations; and the Ministry of Labor and Social Welfare to convene the
unions.
The call for the election of the shortlists must be made sixty days prior to the date of the
start of functions.
The call for each general assembly will be held fifteen days in advance, therefore
less, to the date set for the meeting, by means of a notice that will be published in two newspapers of
national circulation. The responsible entity, in addition to the notice, will send within the term of the call
a circular letter to the entities that must choose the shortlists, reminding them of the place and date on which
the general assembly will be held.
The general assembly will be chaired by the head of the convening entity or his representative
or whoever takes their place and they will be validly installed in the first and only call whatever
the number of entities present.
The shortlist of owners and the shortlist of alternates must be elected by a simple majority.
Each entity present and duly accredited will have the right to one vote.
The President of the Republic will have thirty days to select the members
owners and alternates of the Institute.
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If for any reason the election of the Commissioners is delayed, the
incumbents from the previous term until new officers are elected.
The President of the Republic will issue the regulations of the sectoral Assemblies for the election
of the Commissioners.
Requirements to be a Commissioner
Art. 54.- To be a Commissioner it is required:
to.

Be Salvadoran with a university degree and have performed outstandingly in
professional, public service, or academic activities.

b.

Not having been convicted of committing any crime or punished for breaking the Law
of Government Ethics in the last five years.

c.

Being solvent of administrative responsibilities in the Court of Accounts of the Republic,
the Office of the Attorney General of the Republic, the Office of the Attorney for the Defense of Human Rights
Human and Public Finance. In the case of regulated professions, not have been convicted
by the supervisory body of the profession in the last five years.

d.

Be at least thirty-five years old on the day of their appointment.

Incompatibilities
Art. 55.- The position of Commissioner is incompatible with any other remunerated activity, except
the exercise of teaching.
Causes of Removal
Art. 56. - The Commissioners may be removed from their positions by the President of the Republic.
in the following cases:
to.

When they have been convicted of crimes.

b.

For acts or omissions that seriously affect the proper functioning of the Institute and for
breach of its functions.

c.

Due to incapacity or supervening incapacity.

d.

For disclosing or using proprietary or confidential information, due to bad faith or negligence.

Institute President
Art. 57.- The Institute will be chaired by a commissioner appointed by the President of the
Republic, who will have the legal representation of the same.

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Attributions of the Institute
Art. 58. - The Institute will have the following powers:
to.

Ensure the correct interpretation and application of this law.

b.

Guarantee the due exercise of the right of access to public information and
Personal information protection.

c.

Promote a culture of transparency in society and among public servants.

d.

Know and resolve the appeals.

and.

Know and resolve the sanctioning procedure and dictate administrative sanctions.

F.

To dictate the precautionary measures that are pertinent by means of a reasoned resolution.

g.

Resolve controversies in relation to the classification and declassification of information
reserved.

h.

Provide technical support to the obligated entities in the preparation and execution of their
programs to promote transparency and the right of access to information.

i.

Prepare the forms for requests for access to information, requests regarding
to personal data and requests to file an appeal.

j.

Establish guidelines for the management, maintenance, safety and protection of
personal data and public, confidential and reserved information in possession of
dependencies and entities.

k.

Prepare the procedure guide for access to public information.

l.

Evaluate the performance of the obliged entities on compliance with this law in accordance with
to the indicators that you design for this purpose.

m.

Develop training courses for public servants in matters of transparency,
access to information, protection of personal data and file management.

n.

Prepare and publish studies and research on the subject of this law.

or.

Advise and cooperate with the entities required to comply with this law.

p.

Prepare its internal regulations and other operating standards.

q.

Appoint and remove its officials and employees.

r.

Publish the public information in their possession, as well as their resolutions.

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s.

Prepare your annual budget project and give it the corresponding process.

t.

The others conferred by this law.

26

Conflict of interests
Art. 59.- The commissioners will be obliged to raise any conflict of
interests that may exist in a case that is presented to the Institute. In this case, you should call
immediately to the respective substitute.
Said conflict of interest or other legal impediment may also be pointed out by the party
consider affected by it. Common law grounds for challenge shall be applicable. The full,
Without the participation of the appointed commissioner, it will decide whether he must refrain from knowing and giving an opinion
about the case.
Annual report
Art. 60. - The Institute will annually render a public report to the Legislative Assembly on the
access to information, based on the data provided by the agencies and entities, which will include
the number of requests for access to information submitted to each obligated entity as well as their
result, indicating the applications granted and rejected and the reasons for the rejection; his time
response; the number and result of the matters dealt with by the Institute; and the difficulties observed
in compliance with the law.
TITLE VII
PROCEDURE FOR ACCESSING INFORMATION BEFORE THE OBLIGATED BODIES
Chapter I
Access Features
Free
Art. 61.- Obtaining and consulting public information will be governed by the principle of gratuity,
by virtue of which direct access to the information will be allowed free of charge.
The reproduction and sending of the information, where appropriate, will be borne by the applicant, although
their value may not exceed that of the materials used and the costs of remission. The obligated entities
They must have information sheets on reproduction and shipping costs. Shipping electronically
it will have no cost.
In the case of certified copies, the rates provided for in the special laws will apply.
In the case of magnetic or electronic copies, if the interested party provides the medium in which it will be
stored the information, the reproduction will be free.

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Information delivery
Art. 62.- Obligated entities must provide only information that is in their
can. The obligation of access to public information will be considered fulfilled when they are
disposition of the applicant for direct consultation of the documents that contain it on the site where
find; or, by issuing simple, certified copies or by any other means
known or unknown technology.
Access will only be given in the manner permitted by the support of the requested information.
The documents will be delivered in their entirety or parts of them as requested by the applicant.
In the event that the information requested by the person is already available to the public in printed media, such
such as books, compendia, public archives, electronic formats available on the Internet or in any
other means, you will be informed in writing of the source, the place and the way in which you can consult, reproduce
or acquire such information.
Direct Consultation
Art. 63. - The applicant will have the right to make direct consultation of public information within
of the general attention hours of the corresponding obligated entity.
Direct consultation of the original data or records will be allowed in case they are not found
stored in some magnetic, digital, microfiche medium and that its state allows it.
Under no circumstances will the original records or data of the
files in which they are stored.
Obliged entities must advise the applicant on the direct consultation service of
public information.

Information validity
Art. 64. Documents issued by Public Administration bodies using
Information and communication technologies will enjoy the validity of an original document, provided
that its authenticity, integrity and conservation is guaranteed, and compliance with requirements and
guarantees provided by the relevant legislation.
Motivated Resolution
Art. 65.- All decisions of the obligated entities must be delivered in writing to the applicant.
and they will be motivated, with a brief but sufficient mention of their foundations, specifying the reasons for
fact and law that determined and induced the entity to adopt its decision. Such decisions
They must be notified by the means indicated by the applicant.

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Chapter II
Access Procedure
Information request
Art. 66. - Any person or their representative may present to the Information Officer
a request in written, verbal, electronic form or by any other suitable means, freely or in
the forms approved by the Institute.
The request must contain:
to.

The name of the applicant, place or means to receive notifications, fax or email,
or the authorization to be notified by billboard, and where appropriate the data of the
representative.

b.

The clear and precise description of the public information that you request.

c.

Any other data that favors its location in order to facilitate the search.

d.

Optionally, the modality in which you prefer to grant access to the information,
either by direct consultation, or that simple or certified copies are issued or other
relevant media type.

In the event that the request is verbal, a form must be filled out stating the
request.
It will be mandatory to present an identity document. In the case of minors under eighteen years of
age, the respective personal identification card must be presented or, in the absence thereof, any
identity document issued by public entities or private organizations.
If the details provided by the applicant are not sufficient to locate the public information
or they are erroneous, the Information Officer may request, once and within three business days
following the submission of the application, indicating other elements or correcting the data. East
requirement will interrupt the delivery period of the information. If the interested party does not correct the
observations within five days of notification, you must submit a new request for
restart the process.
If the request is presented to a different administrative unit, it will have the obligation to
indicate to the applicant the physical location of the Information Officer.
In no case will the delivery of information be conditioned on the motivation or justification of its
use, nor will it be required to show any interest.
The applicant must be provided with proof that his application has been filed.

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Information in the Hands of Private Entities
Art. 67. -Information requests in mixed economy companies and individuals
private, natural or legal, bound by this law will be processed before the Information Officer of the entity
public to which their surveillance corresponds or with which they are linked. These obliged entities must inform
to the applicant which is the competent entity for this purpose.
Applicant Assistance
Art. 68.- Interested parties will have the right to assistance for access to information and assistance
in the preparation of applications, if requested.
When a request for information is addressed to an obligated entity other than the competent one, the latter
You must inform the interested party of the entity to which you should contact.
Link
Art. 69. -The Information Officer will be the link between the obligated entity and the applicant, and
responsible for making the notifications referred to in this law. In addition, you must carry out all
Necessary steps in the agency or entity in order to facilitate access to information.
Transmission of Request to Administrative Unit
Art. 70.- The Information Officer will transmit the request to the administrative unit that has
or may possess the information, in order for it to locate it, verify its classification and, where appropriate,
let you know how it is available.
Response Times
Art. 71.- The response to the request must be notified to the interested party in the shortest possible time,
that may not be more than ten business days, counted from the presentation of the former, provided that the
required information does not exceed five years after being generated. If the required information exceeds
of the five years of having been generated, the term may be extended for ten more business days.
In the event that the information cannot be delivered in time, due to the complexity of the information
or other exceptional circumstances, by reasoned resolution, an additional period of
five business days.
The information officer will specify the cost and the method in which the information will be delivered,
attending as far as possible to the terms of the request.
Information Officer Resolution
Art. 72.- The Information Officer must resolve:
to.

If based on a pre-existing reservation classification, it denies access to the information.

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b.

Whether or not the information requested is confidential.

c.

If you grant access to information.

30

The resolution of the Information Officer must be made in writing and will be notified to the interested party.
on time. The granting of the information may be stated with a reason apart from the request.
If the resolution is negative, you must always establish and justify the reasons for the denial of
the information and indicate to the applicant the appeal that may be filed with the Institute.
Non-existent information
Art. 73.- When the requested information is not in the files of the unit
administrative, the latter must return the request for information to the Information Officer, with an official letter where
put it on record. The Information Officer will analyze the case and take the pertinent measures to locate
in the agency or entity the information requested and will resolve accordingly. In case of no
Finding it will issue a resolution confirming the non-existence of the information. In case of finding
the information will continue with the processing.
Exceptions to the Obligation to Process Information Requests
Art. 74.- The Information Officers will not process requests for information:
to.

When these are offensive or indecorous.

b.

When the information is publicly available. In this case, they must indicate
to the applicant the place where the information is located.

c.

When the request is manifestly unreasonable.

Effects of Lack of Response
Art. 75. - Failure to respond to a request for information within the established period will enable
the applicant to go to the Institute, within the following fifteen business days, so that it
determine whether or not the information requested is reserved or confidential within ten business days.
If the information is publicly accessible, the Institute will order to grant access to it to the interested party.
If it is satisfied that there are indications of infringing conduct, it will initiate the corresponding process.
The obligated entity must give access to the information requested in a period not exceeding three days.
working after receiving the resolution of the Institute.
If the refusal to provide the information persists, the interested party may report the fact to
the Institute for the consequent effects.

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TITLE VIII
INFRINGEMENTS AND SANCTIONS
Single Chapter
Infringements and sanctions

Offenses
Art. 76.- Violations of this law are classified as very serious, serious and minor.
They are very serious infractions:
to.

Subtract, destroy, hide, render useless or alter, in whole or in part, information that is
is in their custody or to which they have access or knowledge due to their
job, position or commission.

b.

Deliver or disseminate confidential or confidential information.

c.

Failure to provide the information whose delivery has been ordered by the Institute.

d.

Failure by the competent official to appoint the Officers of the
Information.

and.

Refuse to deliver the requested information, without due justification.

F.

Having the information in your custody in an outdated, disorderly, in
ostensible violation of the archival measures established in this law and by the Institute.

The following are serious offenses:
to.

Act negligently in the substantiation of requests for access to information
or in the dissemination of the information to which they are obliged under this law.

b.

Deny information not classified as confidential or that is not confidential.

c.

Failure to provide information whose delivery has been ordered by an Official of
Information.

d.

Provide partially or in an unintelligible way the information whose delivery has been
ordered by the Institute.

and.

Invoke as reserved information that does not meet the characteristics indicated in
this law. Liability will only exist when there is a prior resolution regarding the
criteria for classifying that information.

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F.

32

Provide partially or in an unintelligible way the information whose delivery has been
ordered by the Information Officer.

They are minor infractions:
to.

Request justification for the delivery of information.

b.

Raise the costs of reproducing the information without any justification.

c.

Failure to provide the information within the period set by this law.

Sanctions
Art. 77. -For the commission of the infractions indicated in the previous article, the
public official with the power to make decisions within the attributions of his position the following
sanctions:
to.

For the commission of very serious offenses, the offender will be fined twenty
to forty minimum monthly wages for the commerce and services sector.
The commission of two or more very serious offenses within a period of three hundred and sixty
five days, will give rise, depending on the graduation criteria of the following article, to
the suspension of functions for a term of thirty calendar days ordered by the
corresponding superior authority, except if the conduct is grounds for dismissal of
according to the applicable service regime.

b.

For the commission of serious offenses, the offender will be fined from ten to
eighteen monthly minimum wages for the commerce and services sector.

c.

For the commission of minor infractions, a fine will be imposed on the offender whose amount
it will be from one to eight monthly minimum wages for the commerce and services sector.

All the sanctions imposed will be published in the electronic media of the Institute and
incorporated as annexes to the annual report.
Graduation of the Amount of Sanctions
Art. 78.- The amount of the fines imposed, within the limits indicated, will be graduated
taking into account the following:
to.

The existence of intentionality or repetition in the fact.

b.

The recidivism, by commission of infractions of the same nature, sanctioned
by final resolution.

c.

The nature and amount of the damages caused by the offender.

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d.

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The extension of the period during which the offense has been committed.

Prescription
Art. 79. -Actions to file complaints for infractions of this law will prescribe
within a period of ninety days from the date they were committed.
The sanctions imposed by the Institute for said infractions will prescribe in a term of three
years counted from the date the respective resolution was signed.
Notice Obligation
Art. 80.- The Information Officer or the Institute will notify the Attorney General of the Republic, to
the relevant legal effects, when the procedures established in this law have
found evidence that a criminal act has been committed.
Other Legal Responsibilities
Art. 81.- The application of sanctions shall be understood without prejudice to criminal responsibilities,
civil, administrative or other types of responsibility incurred.
TITLE IX
PROCEDURE FOR ACCESS TO INFORMATION AND PENALTIES
BEFORE THE INSTITUTE OF ACCESS TO PUBLIC INFORMATION
Single Chapter

Filing of the Appeal
Art. 82. - The applicant to whom the Access to Information Officer has notified resolution
that denies access to information, affirms the nonexistence of it or incurs in any of the
causes set forth in the following article, you may file by yourself or through your representative the
Appeal before the Institute or before the Information Officer who has heard of the matter within
within five business days from the date of notification.
The appeal must be submitted in writing, freely or in the forms approved by the
Institute. The Information Officer must send the petition and the file to the Institute no later than
next business day of receipt.
Other Grounds to File the Appeal
Art. 83.- The appeal will also proceed when:
to.

The agency or entity does not provide the applicant with the requested personal data, or
done in a flawed or incomprehensible format.

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b.

The agency or entity refuses to make modifications or corrections to the data
personal.

c.

The applicant is not satisfied with the time, cost or delivery method.

d.

The information provided is incomplete or does not correspond to the information required in
application.

3. 4

Writ of Filing of the Appeal Appeal
Art. 84.- The document filing the appeal and the forms approved by the
Institute must contain:
to.

The agency or entity to which the request was submitted.

b.

The name of the appellant and the place or means to receive notifications, fax or mail
electronic.

c.

The date the appellant was notified.

d.

The appealed act and the petitioning points.

Precautionary measures
Art. 85. - The Institute may adopt the precautionary measures deemed necessary to ensure
the effectiveness of the resolution that is finally issued, the success of the procedure, avoid the
maintenance of the effects of the infringement and the demands of the general interests in any
moment of the procedure, by means of a reasoned resolution. In particular, you can:
to.

Notify the hierarchical superior of the offender of the existence of possible conduct
offenders and the initiation of the appeal before the Institute.

b.

Request the owner of the entity to adopt special safeguard and copy measures
security of the information in question.

c.

Request a copy of the information that is the subject of the appeal, except if it is of a
reserved, the copy will be kept confidential by the Institute and returned
at the end of the appeal incident.

These measures will be taken with the protection of the rights of individuals to the protection of
your personal data when these could be affected.
In any case, the principle of proportionality of the measure with the objectives that
are intended to be achieved in each case.

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In no case may the kidnapping or seizure of records be ordered as a precautionary measure,
computer media and files and documents in general, as well as computer devices and equipment
all types.
Admission
Art. 86.- The Institute shall correct the deficiencies of the law of the briefs filed by
individuals both for the appeal and in the complaints and only if this is not
possible will require the applicant to correct their writing within a period of three business days. The
appeal within a term of three business days from its presentation or correction by the appellant
or whistleblower.
Appointment of a Commissioner
Art. 87.- Once the appeal or complaint has been admitted , the Institute will submit it to one of its commissioners on
case on a rotating basis. The designated commissioner shall, within the following fifteen business days
to the admission of the appeal or complaint, to process the request, form the file, collect evidence and
prepare a draft resolution that will be submitted to the plenary session of the Institute. This commissioner will not participate
in the decisions of the plenary session regarding the case.
Notification of Admission and Report of the Entity
Art. 88.- The admission of the appeal will be communicated to the interested party and the obligated entity,
which must render a report within a period of seven business days from the notification. In case
of complaint or if in the brief of filing of the resource a complaint of an infraction by part
of a public servant, he will also be notified immediately and may justify his action and allege
your defense within the same period of seven business days.
Imputation of an Infringement
Art. 89.- If the designated Commissioner finds the necessary elements to attribute to a
public servant the alleged commission of an infraction, within three business days after its
appointment, will forward it to the plenary session of the Institute so that it may decide on the imputation within a period
no more than three business days. The public servant will have seven business days counted from the date of
notification to render your defense.
The sanction application procedure may also be initiated by written complaint
of any person, in which the facts constituting the infringement of this document will be explained in detail.
law and attach the evidence in its possession.
Proof
Art. 90.- The parties may offer evidence until the day of the oral hearing.
The means of proof recognized in common law will be admitted, as applicable,
including suitable scientific means. The evidence provided in the process will be appreciated according to
the rules of sound criticism.

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Oral Hearing
Art. 91. - The Institute will hold an oral hearing with the parties in which it will hear the evidence and
the designated commissioner will present the draft resolution.
Extension of the Term to Hold Hearing
Art. 92.- When there is justified cause, the plenary session of the Institute may extend, once and up to
for a period of ten business days the term to hold the hearing. The reasoned resolution in which
a new date is determined for the hearing, the parties will be notified immediately.
Request for Information to Better Provide
Art. 93.- Confidential information that is requested by the Institute because it deems it essential
To resolve the matter, it must be kept in that character and will not be available in the file.
Motivation of Resolutions
Art. 94.- The resolutions issued by the Institute must be based on the facts.
proven and the appropriate legal reasons, under penalty of nullity.
Revocation
Art. 95. - The parties may request the revocation within the third business day of being notified
the final resolution, which must be resolved within the next three business days.
Definitive Resolutions
Art. 96.- The plenary session will resolve, ultimately, within three business days following the celebration.
of the audience. The resolutions of the plenary session will be public. The final resolutions of the Institute may:
to.

Dismiss the appeal as inadmissible or dismiss it.

b.

Confirm the contested decision of the Information Officer.

c.

Confirm the non-existence of the requested public information.

d.

Revoke or modify the decisions of the Information Officer and order the agency
or entity that allows the individual access to the requested information or data
personal data, that reclassifies the information, or that modifies such data.

and.

Establish sanctions or require the process of imposing them on the authorities
respective.

The resolutions must be issued in writing, they will establish the deadlines for their fulfillment
and the procedures to ensure its execution. The final resolution issued by the Institute will have force
executive.
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Inadmissibility
Art. 97.- The appeal will be dismissed as inadmissible when:
to.

Be initiated extemporaneously.

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b.

The Institute has previously known of the same case.

c.

A resolution is appealed that has not been issued by the Information Officer.

Dismissal
Art. 98. -The appeal will be dismissed when:
to.

The appellant expressly desists from it.

b.

The appellant dies or in the case of legal persons, they are dissolved.

c.

Once the appeal is admitted, any cause of inadmissibility appears in the terms
of this law.

d.

The agency or entity responsible for the contested act or resolution modifies it or
revoke, in such a way that the object of the challenge is extinguished.

Silence of the Institute
Art. 99.- If the Institute has not resolved the appeal for access to information within the term
established, the resolution that was appealed shall be understood to be revoked by operation of law.
Notification of Presumed Criminal Responsibility
Art. 100. -When the Institute determines during the conduct of the procedure that some
public servant could have incurred in penal responsibility, it will have to do it of the knowledge of the holder
of the responsible agency or entity and the Office of the Attorney General of the Republic, where appropriate, so that
initiate the corresponding liability procedure. Likewise, the sanctioning incident will begin
before the same Institute.
Challenge by Individuals in Administrative Litigation Process
Art. 101.- Individuals may challenge negative resolutions to their claims before
the Contentious Administrative Chamber of the Supreme Court of Justice.
The Administrative Litigation Chamber will have access to confidential information when the
consider essential to resolve the matter submitted to your knowledge. Such information must be
maintained with that character and will not be added to the judicial file.

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Respect for Due Process
Art. 102.- The procedure must respect the guarantees of due process. The performances
They will be subject to the principles of legality, equality of the parties, economy, gratuity, speed, efficiency
and officiousness, among others. Regarding the procedure, additionally it will be subject to the provisions of
common law.
TITLE X
TRANSITIONAL PROVISIONS, REGULATORY POWER,
APPLICABILITY AND VALIDITY
Single Chapter
Deadline for Publication of Informal Information
Art. 103. -The publication of the informal information must be made, no later than three hundred
sixty-five days after the entry into force of the law. In the event of non-compliance, the Institute may
publicly require it before initiating the procedure corresponding to the offense.
In any case, the unofficial information that the obligated entities may have available when entering
This law must be made known by any means and made available to the
interested.
Appointment of the Information Officer
Art. 104. -The owners of the obligated entities will designate the Information Officer, at the latest
one hundred and eighty days after the entry into force of this ordinance, and immediately they will be
sworn in, they will install and start functions. Subsequently, the appointments will be notified
to the Institute, who must make it available to the public by the means it deems appropriate.
Appointment of Commissioners
Art. 105.- The appointment of the first Commissioners will be made by the President of the
Republic one hundred and eighty days after the entry into force of the law.
Three of the first commissioners will serve six years and two for four years.
Deadline for Filing Requests for Public Information and Personal Data
Art. 106. -Individuals may submit requests for access to information and
concerning personal data according to the procedures established in this law once
it is publicly informed that the corresponding institutional structure has been established, at the latest
three hundred and sixty-five days after its entry into force.

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In the same period, the guide of
procedures and be available in all Public Information Access Units and web pages
institutional.
Advertising and Functioning of Public Archives
Art. 107.- Within a period of three hundred and sixty-five days from the effective date of the law,
the obliged entities must complete the organization and operation of their files.
Budgetary item for the Institute
Art. 108.- The General Budget of the Nation must establish the budget item
corresponding for the installation, integration and operation of the Institute .
Regulatory Power
Article 109.- The President of the Republic will issue the regulations for the application of the law no later than
in one hundred and twenty days from the effective date of the law.
The regulations for the election of Commissioners must be prepared no later than one hundred and twenty
days after the entry into force of this law.
Applicability of the Law
Art. 110. - This law will be applied to all the information that is in the possession of the entities
forced; therefore, all provisions contained in general or special laws are repealed.
that contradict it, including those that regulate the regime of such information in the Social Security Law and
the Law of the Executive Hydroelectric Commission of the Lempa River. The following provisions are not repealed:
to.

Article 6 of the Law on the Illicit Enrichment of Public Officials and Employees.

b.

Articles 324, 355 and 356 of the Penal Code.

c.

Those contained in the Special Law for the Protection of Victims and Witnesses.

d.

Those that refer to the performance of undercover police officers.

and.

Article 9 of the Civil and Commercial Procedure Code.

F.

The rules contained in procedural laws, regarding access to files during
the period of its processing, as well as those aimed at preserving the privacy of the
persons or the identity of minors in family procedural matters, violence
intrafamily or minors.

g.

Articles 305 and 400 of the Army Ordinance.

h.

Articles 64, 124,125, 126 and 145 of the Code of Military Justice.

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i.

Those contained in tax laws relating to the confidentiality of information
contained in statements made for tax purposes.

j.

Article 115 of the Hydrocarbons Law.

k.

Those contained in the different laws that prohibit public servants from using
Inside information for personal purposes.

l.

Article 675 of the Civil Code.

m.

Article 3 of the Transitory Law of the Registry of the Family Status and Regimes
Marriage assets.

n.

Article 461 of the Commercial Code.

or.

Article 4 of the Commercial Registry Law.

p.

Article 46 of the Law of the Court of Accounts of the Republic.

q.

Those contained in the Law of the General Archive of the Nation.

r.

Article 21 of the General Regulation of the Higher Education Law.

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Art. 111.- This law shall enter into force thirty days after its publication in the Gazette.
Official.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE; San Salvador, on the second day of the month
December of the year two thousand and ten.
NOTE:
In compliance with the provisions of Art. 97, paragraph 3 of the Internal Regulations of this State Organ,
It is noted that this Decree No. 534, dated December 2, 2010, which contains the Law
of Access to Public Information, was returned with observations by the President of the Republic, the
January 5 of this year, this Legislative Assembly resolving to partially accept said
observations, in Plenary Session held on March 3, 2011.
OTHON SIGFRIDO REYES MORALES,
PRESIDENT.
CIRO CRUZ ZEPEDA PEÑA,
FIRST VICE PRESIDENT.

GUILLERMO ANTONIO GALLEGOS NAVARRETE,
SECOND VICE PRESIDENT.

JOSÉ FRANCISCO MERINO LÓPEZ,
THIRD VICE PRESIDENT.

ALBERTO ARMANDO ROMERO RODRÍGUEZ,
FOURTH VICE PRESIDENT.

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FRANCISCO ROBERTO LORENZANA DURAN,
FIFTH VICE PRESIDENT.
LORENA GUADALUPE PEÑA MENDOZA,
FIRST SECRETARY.

CESAR HUMBERTO GARCÍA AGUILERA,
SECOND SECRETARY.

ELIZARDO GONZÁLEZ LOVO,
THIRD SECRETARY.

ROBERTO JOSÉ d'AUBUISSON MUNGUÍA,
FOURTH SECRETARY.

FIFTH SECRETARY.

IRMA LOURDES PALACIOS VÁSQUEZ,
SIXTH SECRETARY.
MARIO ALBERTO TENORIO GUERRERO,
SEVENTH SECRETARY.

PRESIDENTIAL HOUSE: San Salvador, on the thirtieth day of March of the year two thousand eleven.
LET IT PUBLISH,
Carlos Mauricio Funes Cartagena,
Republic President.

DO No. 70
Volume No. 391
Date: April 8, 2011.
JCH / adar.
3-5-2011

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Gregorio Ernesto Zelayandía Cisneros,
Vice Minister of the Interior,
In charge of the Dispatch.

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