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Law of Transparency and Access to Public Information

TRANSPARENCE LAW
AND ACCESS TO
PUBLIC INFORMATION

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Law of Transparency and Access to Public Information

INDEX
Law of Transparency and Access to Public Information (Published in
the Official Gazette La Gaceta on December 30, 2006) Includes reforms
published on July 17, 2007.

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Regulation of the Law of Transparency and Access to Public Information
(Published in the Official Gazette La Gaceta on March 6, 2008)

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LAW OF TRANSPARENCY AND ACCESS TO
PUBLIC INFORMATION
THE NATIONAL CONGRESS,
CONSIDERING: That Honduras is a State of Law where the
officials are trustees of authority, legally responsible
for their official conduct, subject to the Law and who have the obligation to
fulfill its functions with efficiency, ethics and social responsibility;
CONSIDERING: That transparency and accountability are
guarantees for a better performance of the public servant and the government in
general and, in addition, the necessary conditions for an effective participation
citizen in the construction of an authentic democracy;
CONSIDERING: That the right of access to Public Information
It is a guarantee of transparency so that citizens can control
and hold public servants accountable, at every step of the process and
at any time, and also constitutes an effective means against
corruption;
CONSIDERING: That the greater the knowledge of the
citizens on public action, the greater their participation in the
decision-making and their confidence in the government function;
CONSIDERING: That the Honduran people have the right of access
information, as well as transparency and accountability of
public management and, in addition, that the State has ratified the Convention
Inter-American Anti-Corruption in which they expressly recognize
these rights;
THEREFORE,
DECREE:
The next:
LAW OF TRANSPARENCY AND ACCESS TO PUBLIC INFORMATION

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Law of Transparency and Access to Public Information
CHAPTER I
GENERAL DISPOSITION

ARTICLE 1. NATURE AND PURPOSE OF THE LAW.
This Law is of public order and social interest. Its purpose is the
development and implementation of the national transparency policy, as well as the
exercise of the right of everyone to access public information
for the strengthening of the rule of law and consolidation of the
democracy through citizen participation.
ARTICLE 2. OBJECTIVES OF THE LAW.
The objectives of this Law are to establish the mechanisms to:

1.

Guarantee the exercise of the right of citizens to

participate in the management of public affairs;

two. Promote the efficient use of State resources;
3. Make effective transparency in the exercise of public functions
and in the relations of the State with individuals;

Four.Combat corruption and the illegality of the acts of the State;
5. Enforce compliance with accountability by
of the entities and public servants; Y,

6.

Guarantee the protection, classification and security of the information

public and respect for access restrictions in the cases of: a)
Information classified as reserved by public entities
in accordance with this law, b) information provided to the State by individuals,
in terms of confidentiality, c) confidential personal data; Y,
d) the secrecy established by law.
ARTICLE 3. DEFINITIONS.
For the purposes of this Law, it is understood by:
1) Transparency: The set of provisions and measures that guarantee
the publicity of the relative information of the acts of the Institutions
obligations and citizens' access to such information; 1
2) Advertising: The duty of public institutions to give
know to the population the information related to their functions, attributions,
activities and the administration of its resources;
3) Right of Access to Public Information: The right that has everything
citizen to access the information generated, managed or in
power of the obligated institutions provided for in this Law, in the
terms and conditions of the same.
1 Article amended by Decree No. 64-2007, published in the Official Gazette La
Gazette of July 17, 2007

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4) Obliged institutions: a) The Legislative Branch, the Judicial Branch, the
Executive Branch, autonomous institutions, municipalities and
other organs and institutions of the State; b) Organizations No
Governmentals (ONG´S), Private Development Organizations
(OPD's) and in general all those natural or legal persons that
in whatever capacity they receive or administer public funds, whichever
whether its origin, whether national or foreign, or by itself or in the name of the
State or where it has been the guarantor, and all those organizations
trade unions that receive income from the issuance of stamps, for the withholding
of goods or that are exempt from paying taxes;
5) Public Information: Any file, record, data or communication
contained in any medium, document, printed, optical record
or electronic or other that has not been classified as reserved is
finds in the power of the Obligated Institutions that has not been
previously classified as reserved, and that can be reproduced.
Said information will include that contained in the files, reports,
studies, minutes, resolutions, offices, decrees, agreements, guidelines,
statistics, licenses of all kinds, legal personalities, budgets,
budget settlements, financing, donations, acquisitions
of goods, supplies and services, and any record that documents the financial year
of powers, rights and obligations of the Obligated Institutions without
import its source or date of manufacture;
6) Reserved Information: Public information classified as such by
this Law, classified as restricted access by other laws and by
particular resolutions of the institutions of the public sector;
7) Confidential personal data: Those related to ethnic or racial origin,
physical, moral or emotional characteristics, home address, number
home phone, home email address, participation,
affiliation to a political organization, political ideology, religious beliefs
or philosophical, health, physical or mental states, personal heritage
or family and any other related to honor, personal privacy, family
or the image itself;
8) Public Servant: any official or employee of the State or of
their entities, at all their hierarchical levels, including those that have
been selected, appointed, hired or elected to perform
activities or functions that are the competence of the State, its entities
or at the service of this, including those who perform them
on an ad-honorem basis; two
2 Article amended by Decree No. 64-2007, published in the Official Gazette La
Gazette of July 17, 2007

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9) Confidential information: The information provided to the State by
private individuals to which the law attributes a confidential nature, including
the offers sealed in contests and tenders before the indicated date
for its opening; Y,
10) State Resources and Funds: Financial and non-financial assets
belonging to the State.
ARTICLE 4. DUTY TO INFORM AND RIGHT TO ACCESS TO THE
PUBLIC INFORMATION.
All obliged institutions must publish the relative information
to its management or, where appropriate, provide all the information concerning
to the application of public funds that they administer or have been
guaranteed by the State.
Without prejudice to the provisions of the State Contracting Law in relation to
with the publications, all contractor selection procedures
and the contracts concluded, will be obligatorily disclosed on the website of
Internet administered by the Hiring and Procurement Regulatory Office
(ONCAE). For this purpose, the heads of public bodies or institutions
They are obliged to send the respective information.
In turn, any natural or legal person has the right to request and receive
of the Obligated Institutions, complete, truthful, adequate and
timely within the limits and conditions established in this Law.
ARTICLE 5.- HUMAN AND TECHNICAL SUPPORT.
For the fulfillment of their duty of transparency, the Institutions
Obliged must maintain subsystems with sufficient human support
and technical, that allow the systematization of information, the provision
of a consultation service and access by citizens, as well as their
publication when appropriate through electronic means or
writings available. For this purpose, each institution will designate an Officer
of Public Information responsible for said subsystem and provide
the information requested, as long as it is not declared as
reserved in accordance with Article 17 of this Law.
Each Institution will create a sufficient budget item to ensure
its operation.
ARTICLE 6.- PROMOTION OF A CULTURE OF TRANSPARENCY
AND OPENING OF THE INFORMATION.
The Obligated Institutions must train and update in a manner
permanent to its public servants in the culture of access to
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information, the culture of informative openness, management transparency
public and the exercise of the guarantee of Hábeas Data.
Obligated institutions must also train on the
content of this Law and the specific procedures defined by said
Institution to be effective its compliance.
The Secretary of State in the Office of Education through
institutions of formal or non-formal education and universities
public and private, will include content on this matter in the plans
or study programs.
ARTICLE 7. - TRANSPARENCY IN BUSINESS RELATIONS AND
CONTRACTUAL WITH THE STATE.
Individuals, the State and all Public Institutions are obliged
to govern their commercial relations with the Institutions Obligated by the
principles of good faith, transparency and fair competition when
participate in bidding processes, contracting, concessions,
sales, auctions of works or contests. They are equally obliged to
comply with the contracting conditions, the terms of reference,
specifications or specifications, documents and conditions
of contracting established in the Law.
Contracts must include integrity clauses that oblige the
individuals to observe rules of ethical conduct throughout this process.
The Regulatory Office for Contracting and Procurement (ONCAE) in
coordination with the Institute for Access to Information (IAIP) and the
National Anticorruption Council (CNA) will prepare the formats of said
clauses in accordance with the provisions of the State Contracting Law.
The State institutions must have the same obligation to govern their
commercial relations with individuals.
CHAPTER II
THE INSTITUTE OF ACCESS TO THE
PUBLIC INFORMATION
ARTICLE 8.- CONSTITUTION AND PURPOSE OF THE INSTITUTE OF
ACCESS TO PUBLIC INFORMATION.
The Institute for Access to Public Information (IAIP), is a body
deconcentrated from the public administration, with independence
operational, decisional and budgetary, responsible for promoting and facilitating
citizens' access to public information, as well as regulating and
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supervise the procedures of the obliged institutions regarding the
protection, classification and custody of public information, in accordance
to this Law. The Presidency of the Republic will support the operation of
this Institute and the Secretary of State will act as a liaison body in
the Office of the Presidency.
ARTICLE 9.-INTEGRATION AND DIRECTION.
The Institute for Access to Public Information (IAIP) will be integrated
by three (3) commissioners, elected by the National Congress, by the two
third parties of votes of all its members, chosen from
between candidates that are proposed like this:

1) Two (2), the President of the Republic;
two) Two (2), the Attorney General's Office (PGR);
3) Two (2), the National Commissioner for Human Rights;
4) Two (2), the National Forum of Convergence FONAC); Y,
5) Two (2) by the Superior Court of Accounts.
They will last in their positions (5) five years, and can only be replaced by
legal or natural impossibility, when their actions conflict
with the nature of the functions of the Institute.
The Presidency of the Institute for Access to Public Information (IAIP),
He will hold Legal Representation. The appointment of the President will be made
by the National Congress. The Commissioners shall collectively resolve
all your affairs.
ARTICLE 10.- REQUIREMENTS OF THE COMMISSIONERS.
To be a Commissioner it is required:

1) Be Honduran;
two) Over thirty-five (35) years old;
3) Not have been criminally convicted;
4) Have a professional experience of no less than ten (10) years of
public service, or academic; Y,

5)

Be of recognized honor and hold a university degree.

ARTICLE 11. FUNCTIONS AND POWERS OF THE IAIP.
The IAIP will have the following functions and powers:

1.

Know and resolve the appeals for review filed by applicants

within the framework of this Law;

two. Establish the manuals and procedural instructions for the
classification, filing, custody and protection of public information,
to be applied by public institutions in accordance with the provisions
of this Law;
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3.

Support the actions of the National Archive in terms of training and

protection of the documentary funds of the Nation;

Four.Establish the criteria and recommendations for the operation of the
National Public Information System;

5.
6.

Apply the sanctioning framework of this Law;
Carry out the strictly administrative procedures necessary

to guarantee the right of access to information by the
citizens;

7.

Regulate, plan, organize and carry out its operation

internal;

8.

Present an activity report on a biannual basis to the Presidency

of the Republic and the National Congress;

9.

Carry out promotional and dissemination activities regarding the exercise

of the right of access to public information. Operate a system of
information in relation to its operation; Y,

10. Other related and necessary to achieve the purposes of the IAIP.
eleven.
Ensure that the information that must be disseminated from
office according to article 13 of this Law. 3
CHAPTER III
NATIONAL INFORMATION SYSTEM
ARTICLE 12. ON THE SYSTEM.
The National Public Information System will have as its purpose
integrate, systematize, publish and give access to Public Information by
means of all the existing information subsystems, which
must be integrated into uniform formats in accordance with the standards and
procedures established therein.
The processes for the organization and operation of said system
will be established by the Institute for Access to Public Information
(IAIP) in coordination with the Superior Court of Accounts, the Secretariat
of State in the Finance Office and the Modernization Commission
of the State.
ARTICLE 13. INFORMATION THAT MUST BE DISCLOSED FROM
JOB.
Every Obligated Institution has the duty to disseminate ex officio and
update periodically through electronic means or instruments
computerized; in the absence of these, by the written means available, the
following information:

1)

Its organic structure, its functions, the attributions per unit

3 Article amended by Decree No. 64-2007, published in the Official Gazette La Gaceta on July 17, 2007

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administrative, the services it provides, the fees and rights and the
procedures, requirements and formats to access them;

two) Laws, regulations, circulars and other provisions of
general observance governing its operation;

3)

General policies, plans, programs and projects, reports,

activities, financial statements and budget settlements
quarterly by program;

4)

All the cadastral information they have and their relationship with the

Real Property Registry;

5)
6)
7)

Public records of any nature;
The Official Gazette updated;
The monthly remuneration of public servants per position,

including other payments associated with the performance of the position;

8)

The budgets, a quarterly and an annual report of the execution

budget, which includes details of transfers, expenses,
physical and financial investment, debt and bad debt;

9)

Contracts, concessions, sales, auctions of works,

calls for tenders, public works and supplies tender, the
consulting contracts, tender opening and award minutes,
extensions, extensions and declarations of direct purchases, as well as
Your results;

10) The mechanisms that allow citizen participation in making
decision making;

eleven)
The name of the public servants in charge of managing and
resolve requests for public information, address, telephone and
e-mail address of your workplace.

12) Executive Decrees, Agreements and Final Resolutions issued by the
Executive Power, including decentralized institutions;

13) The National Congress will also publish,

the resolutions that result

of the motions and decrees that are approved; will also publish the
initiatives of laws and their respective opinions, and opinions, for which,
Those who present them must deliver them to the Secretariat in writing and in
electronic format so that it may proceed to publish them within a maximum period of
ten (10) days, and broadcast the sessions of the Plenary of the Congress on the Internet
National and Commissions;

14) The Judicial Power will also publish the final judicial sentences
that have caused status or execution, without prejudice to the right
have the parties to oppose the publication of their personal data;

fifteen)
The Superior Court of Accounts will also publish the reports
final reports of the auditing interventions carried out, as well as the
publication of resolutions once they have been finalized;

16) The Attorney General's Office will also publish the relationship
of the trials in which public institutions are part and the sentences
definite relapses in them;
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17) The Municipalities will also publish a list of the trials
to which they are a party and the final sentences passed on them, the
resolutions and minutes of the sessions of the Municipal Corporation;

18) The respective institutions will also publish the statistics and
information regarding the macroeconomic and financial performance of the
State that they generate or manage; Y,

19) Information on activities of private companies that
supply public goods and services exclusively or
who enter into contracts financed with State resources or funds, it will be
disclosed through the public entity with which the
the respective contracts.
ARTICLE 14. DELIVERY AND USE OF INFORMATION.
Public Information must be provided to the applicant or user in the
state or format in which it is available. In case of nonexistence
of the requested information, this fact will be communicated in writing to the
applicant.
Applicants or users may not require Obligated Institutions
that carry out evaluations or analysis of the information they have.
Applicants or users will be directly responsible for the use,
management and dissemination of public information to which they have access.
ARTICLE 15. FORM OF DELIVERY OF INFORMATION
REQUESTED.
The information requested by the citizen may be delivered, to his
request, personally, by fax, postal service or by
electronic means, protecting the integrity of the information.
Public access to information is free, however, the institution
public is authorized to collect and receive only the costs of the
reproduction previously established by the respective institution.
ARTICLE 16. RESTRICTION OF ACCESS TO INFORMATION.
The exercise of the right of access to public information will be
restricted when:

1)

When established by the Constitution, laws, treaties or

declared as reserved subject to the provisions of articles 17
and 18 of this Law;

two) It is recognized as reserved or confidential information according to
with article 3, numerals 7 and 9, of this Law;

3)

All that corresponds to private sector institutions and companies

that is not included in the obligations indicated in this Law and laws
special; Y,

4)

The right of access to public information will not be invoked in
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no case to require the identification of journalistic sources within
of the public sector bodies, nor the information that supports the
investigations and journalistic information that has been duly
published and kept in the archives of the media companies of
communication.
ARTICLE 17. CLASSIFICATION OF INFORMATION AS
RESERVED.
Without prejudice to the provisions of the Law on data secrecy
and processes and confidentiality of personal data and information
delivered by individuals to the State under reservation; the classification of the
public information as reserved proceeds when the damage that may
occur, is greater than the public interest to know it or when
the disclosure of the information puts at risk or harms:

1) State security;
two) The life, safety and health of any person, help
humanitarian, legally protected interests in favor of children and
other persons or by the guarantee of Habeas Data;

3)

The development of reserved investigations regarding activities

prevention, investigation or prosecution of crimes or the imparting
of Justice;

4)
5)

The interest protected by the Constitution and the Laws;
The conduct of negotiations and international relations;

Y,

6)

The economic, financial or monetary stability of the country or the

governance.
ARTICLE 18. INFORMATION CLASSIFICATION AGREEMENT
AS RESERVED.
To classify the information as reserved, based on any of the
causes listed in the previous article, the head of any body
public, you must raise the request through the highest court
hierarchy of the institution to which it belongs, who considers it
pertinent, will issue the respective information classification agreement,
duly motivated and supported.
The respective holder must send a copy of the request to the Access Institute
to Public Information. When it considers that the information whose
classification is requested is not found in any of the assumptions of the
previous article, will make it known to the respective superior and this
will deny the request of the inferior. If, contrary to this opinion, it is issued
classification agreement, it will be null and void.

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ARTICLE 19. DURATION OF THE RESERVATION.
The information classified as reserved will have this character
as long as the cause that gave rise to the reservation subsists, outside of this
circumstance, the reclassification of the reserve will only take place, once
that a term of ten (10) years has been completed, counted from the date of
declaration of reservation, unless there is a court order, in which case,
reclassification will be limited to the specific case and for exclusive use
of the interested party, that is, under reservation of public use.
CHAPTER IV
EXERCISE OF THE RIGHT OF ACCESS
TO PUBLIC INFORMATION
ARTICLE 20. APPLICATION.
The request for access to public information must be submitted by
written or by electronic means, clearly indicating the details
specific information requested, without motivation or formality
some. This provision will not empower the applicant to copy all or
partially databases.
In the event that the applicant is a legal entity, they must also prove
of its legal existence, the sufficient power of the person acting on behalf of
is.
ARTICLE 21. FOUNDATION AND TERM TO RESOLVE.
Once the request has been submitted, it will be resolved within ten (10) days,
declaring the request with or without place. In duly justified cases,
said period may be extended only once and for the same time.
In case of refusal of the requested information, they must indicate
in writing to the applicant the fundamentals of the same.
ARTICLE 22.- ACCESS TO INFORMATION BY THE
JOURNALISTS.
The authorities are obliged to provide protection and support to journalists
in the exercise of their profession, providing them with the requested information
without more restrictions than those contemplated in this Law and in the rest
Laws of the Republic.
CHAPTER V
PERSONAL DATA AND HABEAS DATA
ARTICLE 23. HÁBEAS DATA.
Habeas Data warranty is acknowledged.

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ARTICLE 24. SYSTEMATIZATION OF PERSONAL FILES AND ITS
ACCESS.
Personal data will always be protected. The interested party or where appropriate
the Human Rights Commissioner by himself or on behalf of
the affected party and the Public Ministry may initiate legal actions
necessary for your protection.
Access to personal data will only proceed by decree
judicial or at the request of the person whose personal data is contained in
said information or its representatives or successors.
ARTICLE 25. PROHIBITION OF DELIVERY OF INFORMATION.
No person may force another to provide personal data that
may cause discrimination or cause damage or risks to property or
morals of people.
CHAPTER VI
PROCEDURES, INFRACTIONS AND SANCTIONS
ARTICLE 26: PROCEDURES TO FOLLOW BEFORE THE
REFUSAL OF DELIVERY OF INFORMATION.
When the request for information has been denied or when the
has resolved within the term established in Article 21, the applicant
You may go to the Institute for Access to Public Information (IAIP)
to request the review of the denial. The resolution of this will be issued
within a period of ten (10) days, counted from the presentation of
application. Only the appeal for amparo will proceed against this resolution.
under the terms of the Constitutional Justice Law.
ARTICLE 27. ADMINISTRATIVE INFRACTIONS.
Without prejudice to civil liability, you will incur in violation of this Law,
who:

1.

Being bound by Law, I will not provide ex officio or refuse to

provide the public information required in the stipulated time or
any way will hinder your access;

two. Copy, capture, view, disclose or trade information
reserved when prohibited by law or in the case of personal data,
refuse to provide them to their legitimate owner, their successors or authority
competent;

3.

Eliminate, suppress or alter public or reserved information and the

instruments that contain it, without following the debugging procedure
provided for in Article 32 of this Law;

Four.Outside of the cases provided for in this Law, collect, capture, transmit or
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disclose personal data, or refuse to rectify, update or delete it
false information in the confidential personal data contained in
any file, registry or database of the Obligated Institutions
by this Law; Y,

5.

Being obliged, in accordance with Article 4, second paragraph,

of this Law, do not send the information related to the procedures of
contracting and the contracting themselves to the Regulatory Office of
Hiring and Acquisitions.
ARTICLE 28. ADMINISTRATIVE SANCTIONS.
Without prejudice to civil liability, infractions not constituting
offense, will be punished with a written warning, suspension, fine,
unemployment or dismissal. Fines of between half a salary up to fifty
(50) monthly minimum wages will be imposed by the Institute of
Access to Public Information (IAIP), depending on the severity of the
infraction, said values ​must be reported in the General Treasury
of the Republic.
ARTICLE 29. CRIMINAL CRIMES AND SANCTIONS.
When the violation of this Law constitutes a crime, it will be sanctioned
in accordance with those established in Crimes Against Public Administration
of the Penal Code.
CHAPTER VII
SURVEILLANCE BODY AND SYSTEM
NATIONAL ARCHIVE
ARTICLE 30. SURVEILLANCE BODY.
It is the responsibility of the National Anticorruption Council (CNA) to ensure the correct
application of this Law, for which you will have access to the institutions
and to information that is not classified as reserved, confidential, data
confidential or secret personal information according to the Law.
ARTICLE 31. LEGISLATIVE MONITORING COMMITTEE.
The National Congress, in compliance with its functions, will constitute a
Special Commission for Monitoring the Transparency and Access Law
to Information, which will receive quarterly reports from the
public institutions and will formulate recommendations in this regard, being able
to require their presence before the Commission.
ARTICLE 32. PURIFICATION.
Each public institution is obliged to conserve and guard
public information, including that which is reserved, obtained or generated
on the occasion of the fulfillment of its functions, while retaining value
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administrative or legal or failing that, for a period of no less than
five (5) years. Information classified as
reserved which can only be purified, after one year
the period for which it was held in reserve has expired. 4
ARTICLE 32 A: PUBLIC INFORMATION BEFORE THE LAW:
Public information prior to this Law may not be destroyed, altered
nor changed under any circumstances under penalty of which the sanctions
that the law establishes. 5
ARTICLE 33. ACCESSORY RIGHTS.
The right of access to information does not harm, limit or replace the
right to witness or observe the acts of the public administration, in
the form permitted by law; as well as participate in hearings or councils
open to receive information.
CHAPTER VIII
TRANSITORY DISPOSITIONS
SECTION ONE
TRANSITORY DISPOSITIONS

ARTICLE 34. REGULATION.
The Regulations of this Law will be issued by the Institute for Access to
Public Information (IAIP) within a period of three (3) counted months
from the effective date of this Decree, with the knowledge of the Court
Superior of Accounts .
ARTICLE 35. ADEQUACY TO THE LAW.
The obligated institutions must adjust their organization and operation,
as well as executing the necessary actions for effective compliance
of this Law gradually within a maximum period of one year,
counted from the effective date of this Law.
ARTICLE 36. BUDGETARY ASSIGNMENTS TO THE INSTITUTE OF
ACCESS TO PUBLIC INFORMATION (IAIP).
Annually, the Secretary of State in the Finance Office will include
in the General Budget Project of Income and Expenditures of the
Republic the budgetary allocations necessary for the
Institute for Access to Public Information (IAIP) can guarantee the
effective compliance with this Law.
4 Article amended by Decree No. 64-2007, published in the Official Gazette La
Gazette of July 17, 2007
5 Article added by Decree No. 64-2007, published in the Official Gazette La
Gazette of July 17, 2007

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SECTION TWO
FINAL PROVISIONS

ARTICLE 37. DEADLINES.
When this Law refers to terms or terms, they will consist of days
skillful.
ARTICLE 38. SPECIAL QUALITY OF THE INSTITUTE.
The Institute for Access to Public Information (IAIP) will be the body
responsible for complying with the obligations that the Convention
Inter-American against Corruption and the United Nations Convention
against Corruption, impose on the State of Honduras specifically in
matters of transparency and accountability.
ARTICLE 39. VALIDITY.
This Law shall enter into force twenty (20) days after its
publication in the official newspaper La Gaceta, with the exception of articles
regarding the Habeas Data guarantee, which will come into effect once
Once the corresponding amendments to the constitutional text are ratified.
Only public information is subject to these regulations
that is generated from the effective date of this law.
Given in the city of Tegucigalpa, Municipality of the Central District, in the
Hall of Sessions of the National Congress, on the twenty-seventh day of the month of
November two thousand six.

ROBERTO MICHELETTI BAIN
President
JOSÉ ALFREDO SAAVEDRA

BLANCA EDITH RIVERA

Secretary

Alternate secretary
To the Executive Power.
Therefore: Run.

Tegucigalpa, MDC., December 30, 2006.
Jose Manuel Zelaya Rosales
Republic President
The Secretary of State in the Offices
of Government and Justice
Jorge Arturo Reina Idiáquez

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REGULATION OF THE LAW OF TRANSPARENCY AND
ACCESS TO PUBLIC INFORMATION
Institute for Access to Public Information
IAIP
CERTIFICATION
The undersigned, General Secretary of the Institute for Access to Information
Public CERTIFIES the Agreement that literally says:
AGREEMENT N ° IAIP-0001-2008
THE INSTITUTE OF ACCESS TO PUBLIC INFORMATION.
CONSIDERING: That by Legislative Decree number 170-2006,
published in the official newspaper La Gaceta on December 30, 2007,
The National Congress of the Republic approved the Law of Transparency and
Access to Public Information, subsequently amended by said
State Power through Legislative Decree number 64-2007, and published
in the same official gazette in a copy dated July 17, 2007.
CONSIDERING: That in the context of the aforementioned Law the Institute
of Access to Public Information, as the entity responsible for promoting
and facilitate citizens' access to public information, as well as to
regulate and supervise the procedures of the Obligated Institutions in
regarding the protection, classification and custody of public information.
CONSIDERING: That the Law of Transparency and Access to Information
Publicly establishes punctually that the Institute of Access to Information
The Public will issue the corresponding Regulation related to said Law.
CONSIDERING: That derived from the legal mandate described, the Institute
of Access to Public Information has carried out the process to
structure the final draft of the Regulations for the Transparency Law and
Access to public information.
CONSIDERING: That a favorable opinion has been obtained from the
Office of the Attorney General of the Republic, with respect to the
Regulation of the Law of Transparency and Access to Information
Public.
THEREFORE
And in application of Articles 1, 2, 8, 11 and 34 of the Transparency Law
and Access to Public Information; 118, numeral 2 of the General Law
of the Public Administration and Article 41 of the Law of Procedure
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Administrative.
AGREES:
ARTICLE ONE: Approve the following:

REGULATION OF THE LAW OF TRANSPARENCY AND ACCESS TO THE
PUBLIC INFORMATION
CHAPTER I
GENERAL DISPOSITION
ARTICLE 1. PURPOSE.
The present Regulation of public order and social interest regulates the opportune,
effective application and compliance with the Transparency and Access Law
to Public Information for the strengthening of the Rule of Law and
the consolidation of democracy through citizen participation;
providing sufficient bases to ensure the effectiveness of the exercise
of the right of access to public information, accountability, and
develop, as well as execute the national policy of transparency and
fight corruption.
ARTICLE 2. PREEMINENCE.
These Regulations take precedence over any other
general or special regulation, to be seen on the same matter, but not
restricts the broader or complementary functions that, in terms of
combats corruption and the illegality of the acts of the State, the State
had already recognized in other laws such as the Law of the National Council
Anti-corruption and the Organic Law of the Superior Court of Accounts.
ARTICLE 3. SCOPE.
The provisions of the Law on Transparency and Access to Information
Public and these Regulations apply to: A) The Legislative Power, the Power
Judicial, the Executive Branch, the autonomous institutions, the municipalities
and the other organs and institutions of the State, including the Parties
Politicians, Institute for Transparency and Access to Public Information,
Public Ministry, Attorney General's Office, Commission
National Bank and Insurance, Superior Court of Accounts, Court
Electoral Supreme, National Commissioner for Human Rights,
State universities and educational institutions; B) Organizations
Non-Governmental (NGO's), Private Development Organizations
(OPD's) and, in general, all those natural or legal persons, who
to any Title, receive or administer public funds, whatever
whether its origin, whether national or foreign, or by itself or in the name of the
State or where it has been the guarantor, and all those organizations
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trade unions that receive income from the issuance of stamps for the withholding
of goods or that are exempt from paying taxes.
All persons or entities will be included in this area.
of the private sector, bound by special laws.
ARTICLE 4. DEFINITIONS.
In addition to the definitions contained in article 3 of the Law on
Transparency and Access to Public Information, for the purposes of the
This Regulation shall be understood as:
1. Classification: The act by which it is determined that the information
owns a Obligated Institution is reserved or confidential, in accordance
to the provisions of articles 17 and 18 of the Law;
2. Debugging: Process carried out to discard the documentation that
lacks value or merit, which determine its conservation, according to the
purposes of the Law as established in article 32.
3. Declassification: The act by which the Obligated Institution releases the
information previously classified as reserved or that other laws
have attributed such character, in accordance with the provisions of article
19 of the Law;
4. Days: Business days
5. File: Set of all related documents and papers
with the subject on which information is requested, which includes all
file, record, data or communication contained in any medium,
printed, optical or electronic record or other that, not having been
classified as reserved, must be in the possession of the
Obliged Institutions and be reproduced. Such information will include the
contained in the reports, reports, studies, minutes, resolutions, offices,
decrees, agreements, guidelines, statistics, licenses of all kinds,
legal personalities, budgets, budget settlements,
financing, donations, acquisitions of goods, supplies and
services, and any record that documents the exercise of powers,
rights and obligations of the Obligated Institutions regardless of their
source or date of its elaboration;
6. Public or State Funds: Set of existing money and values
in the public treasury and also the active obligations in favor of the State,
such as taxes and duties pending payment, including collections
public funds and those funds whatever their origin, whether they are national
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or foreigners, destined to carry out works of social benefit.
7. Public Function: Any temporary or permanent activity, paid
or honorary, carried out by a natural person on behalf of the State or
at the service of the State or its entities, at any of its levels
hierarchical;
8. Institute: The Institute for Access to Public Information (IAIP);
9. Law: Law of Transparency and Access to Public Information;
10. Guidelines: Set of mandatory criteria approved
by the Institute, by means of an Agreement, in order to standardize the
processes of compliance with the Law and these Regulations by
of the Obligated Institutions.
11. Public Information Officer: Person designated by each Institution
obliged as the immediate responsible for the effective operation of the
corresponding subsystem of Public information, of the receipt of
requests for access to public information, as well as the supply
of the requested information.
12. Publication: All information, for public knowledge, reproduced
in electronic, printed or any of the formats indicated
in article 3 numeral 5 of the Law;
13. Recommendations: Opinions, proposals, suggestions, comments,
and other similar acts of the Institute in order to ensure the achievement of the
purpose of the Law preventing infractions. Action that each Institution
The obligation should attend carefully and diligently, except for justified reasons.
and alternatively presenting another measure that satisfies, in the form
due, the specific purpose of the recommendation.
14. Appeal for Review: Means of challenge before the Institute against
a decision of an obligated institution in the cases provided for in the
Article 26 of the Law and Article 52 of these Regulations.
15. Resolutions: Administrative acts of a particular and binding nature
issued by the Plenary of the Institute in relation to appeals for review;
determination of infractions and application of administrative sanctions;
and in accordance with the request for classification of public information
as reserved, with the assumptions expressly provided for in the Law;
16. Public Servant: Any official or employee of the State or of
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any of its entities, at all its hierarchical levels, including
those who have been selected, appointed, hired or elected to
perform activities or functions that fall within the competence of the State,
its entities or at the service of the latter, including those persons who
perform ad - honorem;
17. National Public Information System: Set of rules,
principles, mechanisms and procedures that guide the organization
and operation of all subsystems with the purpose of integrating,
systematize, publish and give access to public information, as a guarantee
of transparency in the management of the State.
18. Subsystem: Part of the National Public Information System,
consisting of mechanisms and procedures with sufficient resources
human, technical and financial that must exist in each Institution
Obliged to order the information and the corresponding publication,
and expedite and diligent provision of the consultation service and the
access by citizens.
19. Public Version: A document that tests or removes the
information classified as reserved or confidential to allow its
access to the public part of said document.
ARTICLE 5. PRINCIPLES.
The Obligated Institutions must favor, and be based on
fundamental for the application and interpretation of the Law and of the present
Regulations, the principles of maximum disclosure, transparency in
public management, advertising, social audit, accountability,
citizen participation, good faith, free and open information,
so that people, without any discrimination, effectively enjoy
your right of access to public information, to participate in the management
of public affairs, follow up on them, receive reports
documented efficiency and probity in said management and ensure the
compliance with the Constitution and laws.
The Obligated institutions will publish on their website and / or other
available means the mechanisms and activities they carry out to
promote citizen participation in decision-making.
Contractor selection procedures and contracts concluded
by the Public Administration and individuals, will be disclosed in the
Internet site managed by the Contracting Regulations Office
and Acquisitions of the ONCAE State, for which the referral of said
information to ONCAE is mandatory, the official being subject
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public that fails to comply with these provisions, to administrative sanctions
corresponding, without prejudice to civil or criminal responsibilities
that implies.
ARTICLE 6. EXERCISE OF THE RIGHT OF ACCESS TO THE
PUBLIC INFORMATION AND DUTY TO REPORT.
Free access to public information is the right of all
person, without any discrimination, to access information
generated, administered or held by the obligated institutions, and the
duty of these to supply the requested information, in the terms and
conditions established in the Law and in these Regulations.
Individuals may request the obligated institutions that the
information, by any means, is made available to the public.
ARTICLE 7. HUMAN AND TECHNICAL SUPPORT.
Obligated institutions must designate an Information Officer
Public immediately responsible for its corresponding subsystem of
information for which they will adapt physical space and assign personnel
sufficient to provide the provision of the consultation service, supply
of information and that orient the citizenship on the expeditious access
at the information. In this same space, and when the conditions
budgetary allowance, there must be computer equipment with
access to the Internet and other suitable means for individuals
can consult the information that is published by the
agency or entity, as well as to submit requests to
refers to the Law and this Regulation. Similarly, when conditions
budgetary allowance, the necessary equipment will be implemented to
that individuals can obtain impressions of the information
published.
Dependencies and entities should prepare for automation,
presentation and content of your information, as well as its integration
online, under the terms provided in this Regulation and the guidelines
that the Institute issues in this regard.
ARTICLE 8. PROMOTION OF A CULTURE OF TRANSPARENCY AND
OPENING TO INFORMATION.
The Obligated Institutions must design and develop programs
training aimed at raising awareness among their servants, officials or
employees in the importance of transparency, the exercise of the right
of access to public information, the right to control data
relating to the own person and informational self-determination in the
framework of a democratic society.

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The Obligated Institutions must collaborate with the Institute in the
training and updating activities that it implements in the exercise of
its attributions for the same purpose and in all that it tends to achieve
the objectives of the Law.
The Secretary of State in the Office of Education, through the
institutions of formal or non-formal education, and the Board of Education
Higher, through universities and educational institutions
public and private superiors, will adopt the pertinent provisions for
to include content on access to public information and its
principles in study plans or programs.
ARTICLE 9. TRANSPARENCY IN BUSINESS RELATIONS AND
CONTRACTUAL WITH THE STATE.
The Institute will collaborate with the Regulatory Office for Contracting and
State Acquisitions (ONCAE) and the National Anticorruption Council
(CNA) in the preparation of the integrity clauses to be included in
the legal documents that govern the commercial relations between the
individuals and Obligated Institutions. Those rules will be released
by means of instructions and manuals that highlight good faith,
transparency, fair competition and observance of rules of conduct
ethics in the bidding, contracting, concessions, sales processes,
auctions of works or competitions.
To ensure the best dissemination of said integrity clauses,
will have the collaboration of the Commission for the Defense and Promotion
of the Competition.
CHAPTER II
THE INSTITUTE OF ACCESS TO PUBLIC INFORMATION
ARTICLE 10. THE INSTITUTE.
It is the governing body of the National Public Information System, of the
regulation and control of procedures and the effectiveness of access
to public information; primarily responsible for ensuring the exercise
of the right that people have, without discrimination of any kind,
to access public information and to make transparency effective
in the exercise of public functions and in the relations of the State with
individuals, in accordance with the principles indicated in article
5 of this Regulation; and to comply with and ensure that the
provisions on transparency and accountability
contained in the international Treaties or Conventions in force.

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In fulfilling its functions and attributions, the Institute has
operational, decision-making and budgetary independence and will be exclusively
subject to compliance with the Constitution of the Republic, the Law, other
applicable laws, this and other regulations and other internal provisions
adopted by the Institute.
The Secretary of State in the Office of the Presidency will act as
liaison body of the Presidency of the Republic to support the exercise,
with efficiency and effectiveness, of the functions and attributions of the Institute.
Equal support must be promoted by the Legislative Power and the Power
Judicial and other Obligated Institutions.
ARTICLE 11. INTEGRATION AND DIRECTION.
The Institute will be integrated and directed by the three Commissioners and / or
Commissioners elected by the National Congress, for a period of five
years, who as a superior hierarchical body, will collectively resolve
in full constituted by all of them, the matters of competence of the
Institute. Its presidency, which will hold the legal representation, will be
exercised by whomever the Legislative Power designates among the Commissioners or
Commissioners.
The decisions of the Plenary will be tried to adopt them unanimously or
consensus and, failing that, they will be taken by majority vote.
The Plenary of the Institute will define, in its Internal Regulations and other norms
of operation, a basic, functional and effective organizational structure.
It must create and ensure, within the Institute, the operation of a
Public Ethics and Probity Committee; promote and train all your
servants and servants in Codes of Ethical Conduct, integrity,
honesty, responsibility, public transparency and knowledge of
the scope of the Code of Conduct for Public Servants.
The Institute will have national jurisdiction and its headquarters will be Tegucigalpa,
municipality of the Central District. May create or establish regional offices
in places where its need for operation is proven. The
Institute personnel will be selected, in accordance with the Regulations, following
principles of suitability, efficiency, honesty and merits, and their
applicable remuneration and legal regime.
ARTICLE 12. FUNCTIONS AND POWERS OF THE INSTITUTE OF
ACCESS TO PUBLIC INFORMATION.
The Institute, in the administrative order, will apply and interpret the Law and this
Regulations in accordance with the Principles set forth in Article 5
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of this instrument; will comply and ensure that the provisions are met
in terms of transparency and accountability contained in the
Constitution of the Republic and international treaties or conventions in
validity; and in addition to the provisions of the Law, it must:
1.- Establish and review the criteria for classification, declassification,
custody and purification of reserved and confidential information;
2.- Regulate and, where appropriate, make recommendations to the Institutions
Obliged to comply with the provisions of Article 13
of the law;
3.- Guide and advise everyone, without any discrimination, about
of requests for access to information;
4.- Provide technical support to the Obligated Institutions in the
preparation and execution of its information programs;
5.- Prepare the forms of requests for access to information, as well
such as access and correction of personal data, without prejudice to the
established in this regard in article 20 of the Law;
6.- Establish general guidelines and policies for the management,
maintenance, security and protection of personal data that are
in possession of the Obligated Institutions;
7.- Issue guidelines, resolutions and recommendations that must be
published by the Institute;
The final resolutions issued by the Obligated Institutions in this regard
and that have caused a state, must be notified to the Institute, who
you must make them public;
8- Design and put into operation the processes for the organization and
operation of the National Public Information System and elaborate
a guide with uniform formats to integrate the subsystems of
information and will also describe, in a simple way, the aspects
general basic information access procedures
in the Obligated Institutions, in particular the reception, processing and
resolution of requests for access to information, as well as data
personal and their correction;
9.- Promote and, where appropriate, execute the training of the servers of the
Obligatory Institutions regarding access to information and protection
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of personal data;
10.- Disseminate among public servants and individuals, the benefits
public handling of information, as well as their responsibilities
in the proper use and conservation of the former;
11.- Prepare and publish studies and research to disseminate and expand
the knowledge on the matter of the Law and this Regulation;
12.- Cooperate, in a coordinated and methodical way, with the Institutions
Obligors and their bodies of access to information, through the
conclusion of agreements or programs to promote the content of the
Law and this Regulation;
13.- Establish mechanisms and measures so that the institutions
Obliged to send to the Institute resolutions, criteria, requests,
inquiries, reports and any other communication through the media
electronic, whose transmission guarantees, where appropriate, security,
integrity, authenticity, reserve and confidentiality of the information and
generate electronic records of the corresponding shipment and receipt;
14.- Instruct the Obligated Institutions when they so request
on the processes for the proper classification of information, its
declassification or the origin of granting access to it;
15.- Define and establish the guidelines for strategic planning and
institutional development and prepare the multi-year strategic plan;
16. Approve the annual Operational Plan and its corresponding draft
Budget, monitor its compliance and evaluate its results;
17. Prepare, approve, determine and publish the Manual of positions and salaries,
and the Labor Statute applicable to the public servants of the Institute.
18. Coordinate, with the National Anticorruption Council and with the Court
Senior Accounts, information exchange, complementation
actions and a continuous evaluation and monitoring of them in
transparency and accountability matters;
19. Participate actively and in a coordinated manner in the fulfillment of the
activities assigned to it in the Code of Ethical Conduct of the
Public servers;
20.- The other attributions and functions contained in the Law and this
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Regulations and other related and necessary to achieve the purposes of
both legal systems.
ARTICLE 13. HERITAGE.
The patrimony of the Institute will be constituted by the resources and goods
following:
1. The budgetary allocations consigned in the Budget
General of Income and Expenditure of the Republic.
The annual budget project prepared and approved by the Institute
will be included, by the Secretary of State in the Office of Finance, in
the General Budget Project of Income and Expenditure of the Republic
to be submitted to the approval of the National Congress.
The President of the Institute will submit to the consideration of the Plenary
Commissioners, no later than July 30 of each year, a
preliminary draft of the annual budget and, once approved, will send it, with the
due advance notice, to the Secretary of State in the Finance Office,
with a copy to the Secretary of State in the Office of the President.
The draft budget of the Institute will contain the allocations of
resources that are needed to guarantee effective compliance with the
Law and these regulations and for their efficient and effective operation
attending to the requirements of its Operational Plan for each fiscal year
fiscal. The Presidency of the Republic, through the Secretariat of
State in the Office of the Presidency that will act as the organ of
liaison, will support the allocation of resources to the Institute that is necessary
for the full development of its functions.
The General Treasury of the Republic will credit in anticipated quarters
the funds allocated to the Institute.
The administration and execution of the budget are the responsibility of the
Institute, who must present a report on its execution to Congress
National and comply with the obligations established in the Organic Law
of the Budget and its Regulations, and the Organic Law of the Superior Court
of Accounts and its Regulations.
2. The resources that come from the loans that are contracted or from
the national and international financial cooperation agreements;
3. The inheritances, bequests and donations that are granted; Y,

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4. The aid provided by the international agencies of
cooperation and the States of the international community.
ARTICLE 14. DISPOSAL OF FINANCIAL RESOURCES.
The financial resources of the Institute can be deposited at any
institution of the National Financial System.
These resources will be used to finance the activities
administrative, technical and promoting a culture of transparency
and opening of information, and projects that the Institute may have
timely approved.
No commitment or disbursement may be made
if there is no corresponding budget allocation, or authorize
disbursements in contravention of internal regulations.
Assets, funds or income from donations or transfers
for specific purposes, they may not be used for other purposes than
those previously determined.
The Plenary may constitute refundable and revolving funds for amounts
determined.
CHAPTER III
NATIONAL INFORMATION SYSTEM
ARTICLE 15. NATIONAL PUBLIC INFORMATION SYSTEM.
The subsystem that, in accordance with the provisions of Article 7.
HUMAN AND TECHNICAL SUPPORT of this Regulation, you must organize
and put into operation each Obligated Institution, will be part of
of the subsystems linked by the set of rules, principles,
procedures and mechanisms determined by the Institute. The system
National of Public Information that will be organized and function following
the guidelines and recommendations of the Institute, will have the purpose
integrate, systematize, publish and give access to public information by
medium of all information subsystems.
The Institute will promote interactions between the Obligated Institutions
and the establishment of collaboration mechanisms among themselves or with the
Institute to comply with the obligations established in the Law, this
Regulations and the guidelines and recommendations issued by the
Institute, particularly with regard to the obligations of
transparency, information access procedures, data
personal and correction of these, as well as the better performance of the
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Public Information Officers.
Public or private servants or those who represent the
non-governmental or private obligated institutions, will be responsible
of the information that they produce, administer, manage, archive or
conserve.
The loss, destruction, alteration or concealment of information
public and the documents in which it is contained, will be sanctioned
as administrative offenses in accordance with the provisions
on infractions and sanctions established in Chapter VI of the Law,
without prejudice to the provisions of the Server's Code of Ethical Conduct
Public and civil and / or criminal liability.
When the offense constitutes a crime, it will proceed to transfer
the respective file to the Public Ministry, for actions that are
coming.
ARTICLE 16. INFORMATION THAT MUST BE DISCLOSED FROM
JOB.
The Obligated Institutions must make available to the public the
information referred to in article 13 of the Law, as follows:
1. The owner of each Obligated Institution will be the person in charge
principal of making such information available to the public;
2. The information, indicating the date of its update, must
be placed on an Internet site or, failing that, in another medium
writing available for easy public and general access, visible from the
Main portal of the Internet site or other appropriate place of the Institution
Obligatory, and must also contain the electronic addresses,
addresses to receive correspondence and telephone numbers of the
Public Information Officer, authorized public servants and the
responsible for the mentioned site, as well as its link to the Internet site
of the National Public Information System.
3. The information must be presented in a clear, complete and
orderly, in such a way as to ensure its quality, veracity, timeliness
and reliability.
ARTICLE 17. OBLIGATION TO UPDATE THE INFORMATION.
The Obligated Institutions must ensure the monthly update
of the information indicated in article 13 of the Law unless this
Regulations or other legal provisions establish other deadlines more
brief.
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This information must remain on the website and / or other means.
writing available, at least, during the period of its validity. Headlines
of the administrative units of the Obligated Institutions will be the
responsible for providing Public Information Officers with the
modifications that apply.
The information referred to in numerals 1), 2), 11) and 19) of the article
13 of the Law, must be updated within a period of no more than ten days
working from the date it was modified.
ARTICLE 18. RIGHT TO INFORM THE INSTITUTE ABOUT
NEGATIVE OR POOR SERVICE.
Individuals may inform the Institute about the refusal or provision
poor service, as well as the lack of updating of a website
Internet or, failing that, any other written medium of the Institution
Forced. The Institute may issue recommendations to ensure and
improve said services, and will encourage the interested party to be informed
conducive. In the event of non-compliance with these recommendations,
The Institute will apply the corresponding administrative sanctions, without
detriment to those established by the Server's Code of Ethical Conduct
Public and other laws.
ARTICLE 19. INFORMATION ON REMUNERATION OF THE
PUBLIC SERVANTS AND ON THOSE WHO PERFORM
FUNCTIONS AND ACTIVITIES AD HONOREM.
Regarding the information on the remuneration of the servers
public institutions referred to in numeral 7) of article 13 of the Law, the Institutions
Obliged must publish the monthly remuneration of said servers
public including corresponding staff benefits
plant, trust and hired for fees. Equally,
the agencies and entities must publish the list of positions and
salaries, the total number of positions and staff by fees. I know
It will also include the table of per diem and representation expenses in each
Obliged Institution.
In the case of the dissemination of information about people who perform
ad - honorem functions or activities of the State referred to in the numeral
8) of Article 3 of the Law, the obligated institutions must publish the
respective appointment agreements, functions, time of service,
access to state funds and resources, and any type of compensation
in concept of allowances, per diem, expenses or others.

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ARTICLE 20. INFORMATION ON BUDGETS AND EXECUTION
BUDGETARY.
The information related to the budget of the agencies and entities
and the reports on its execution, referred to in numeral 8) of the
Article 13 of the Law, in addition to being published on its website or, in its

defect, in any other written medium, must be sent to the Secretariat
of State in the Finance Office to incorporate it into the System
of Financial Administration (SIAFI) and include, in its aforementioned website
Internet, a link to the site of the Secretary of State in the Office of
Finances in which such information is also found.
ARTICLE 21. PUBLICATION OF INFORMATION ON
CONCESSIONS, AUTHORIZATIONS AND PERMITS.
The Obligated Institutions must publish on their Internet sites or,
failing that, in any other available written medium, the information
relative to concessions, authorizations and permits that they grant. Bliss
Information must contain at least the following:
1. The administrative unit that grants them;
2. The name of the natural person or the reason or company name of the
Concessionary, authorized or permitting legal person:
3. The object and validity of the concession, authorization or permit.
4. The procedure followed for its granting in case of
concessions; Y,
5. The agreements to modify the concessions specifying the
elements referred to in the previous numerals.
ARTICLE 22. PUBLICATION RELATING TO THE CONTRACTS
CELEBRATED.
Obligated institutions must publish on their Internet sites or,
failing that, in any other easily accessible written medium, all
contractor selection procedures and contracts concluded,
together with information on acquisitions, leases,
services, public works and related services, detailing
in each case:
1. The administrative unit that entered into the contract;
2. The contracting procedure;
3. The name of the natural person or the name or company name of the
legal person to which the contract was assigned;
4. The date, object, amount and terms of fulfillment of the contract; Y,
5. The agreements to modify the contracts, where appropriate specifying
the elements referred to in the previous numerals.

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The above information will be sent obligatorily for it to be disclosed in
the website of the Contracting and Procurement Regulatory Office
of the State (ONCAE).
ARTICLE 23. PUBLICATION OF INTERVENTIONS
AUDITS.
In order to comply with the provisions of numeral 15) of Article 13 of the
Law, the Superior Court of Accounts and the internal control bodies in the
Obliged Institutions, within the scope of their respective competences,
must publish the following information:
1) The number and type of audits to be carried out in the budget year
respective;
2) The total number of observations determined in the results of
audit for each item subject to review; Y,
3) The total of the clarifications made by the obliged institution in
attention to audit results.
The publication of information related to the external audits carried out
to the Obligated Institutions, it will be carried out by them in their
Internet, or, failing that, in any other easily accessible written medium,
in accordance with the provisions of this article.
The results of the audits, for publicity purposes, should not
contain information that may cause serious damage to activities
verification of compliance with the laws that relate to alleged
responsibilities or of another nature and, in general, that which has the character of
reserved or confidential in the terms of the Law and these Regulations.
ARTICLE 24. RESTRICTION OF ACCESS TO INFORMATION.In accordance with the Law and these Regulations, the exercise of the right
access to public information will be restricted when so
expressly establish the Constitution, international treaties
and the laws compatible with them; such information has been classified
as reserved or has been attributed confidential or contains data
confidential; the information corresponds to institutions and companies of the
private sector not included among the Obligated Institutions.
When an initiative or bill for constitutional or law reform is
introduce restrictions on access to information, the Institute having
present the objectives of public order and social interest that the Law protects
and the basic human right nature of access to information
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public and the principles set forth in article 5 of these Regulations,
in coordination with the National Anticorruption Council as a body
of Surveillance, will disclose their criteria and recommendation to the
Legislative Monitoring Commission and will include it in its report to the
National Congress.
ARTICLE 25. CLASSIFICATION OF INFORMATION AS
RESERVED.
It may be classified as reserved information that whose dissemination
may cause greater harm than the public interest of knowing about it or
when the disclosure of the information puts at risk or harms the
assets or interests expressly indicated in Article 17 of the Law.
For these purposes, it will be understood by:
1. State Security: The one that guarantees integrity, stability
and permanence of the State, governability, foreign defense and
internal security of Honduras, without negatively affecting respect,
promotion and protection of the human rights of the people;
2. Humanitarian aid: The form of emergency solidarity assistance
dedicated exclusively to saving lives, alleviating suffering and preserving
human dignity during and after human or natural crises, as well
how to prevent and strengthen preparations related to the eventual
occurrence of such situations. Information on humanitarian aid
It can only be classified as reserved, if the donor is
a natural or legal person, of a private nature, who has requested
expressly, that your name is not disclosed. But the obligated institution
You must publish the amount and destination of that aid.
Likewise, and in reference to the content of article 17 of the Law, they must
observe the following aspects:
1.- Regarding numerals 3 and 4 of Article 17 of the Law, it is
includes information the disclosure of which may cause serious harm
to activities to verify compliance with laws, prevention
or prosecution of crimes, administration of justice, collection of
taxes and other taxes, immigration control, preliminary inquiries,
judicial files or administrative procedures followed in
form of judgment as long as the administrative resolution or the
firm jurisdiction, which must be documented.
For the purposes of the foregoing, each file subject to reservation will contain a car
reasoned that establishes such a condition.
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2. In the case of conducting negotiations and relationships
international organizations include all information on organizations
international or other States, received as confidential,
by the State of Honduras.
Everything that may violate norms contained in the Constitution is excluded
of the Republic or in the Treaties in force.
For the purposes of applying and complying with this Article and the
Articles 16 and 17 of the Law, it will be understood that the risks, damages or losses
to the goods and interests in them indicated and that are adduced by the
Obligated Institutions must be based on the existence of
objective elements that show that access to information has
probability of causing specific, present and possible harm. The proof
of that damage is the responsibility of the Obligated Institution requesting the
classification of information as reserved.
ARTICLE 26. OTHER INFORMATION CLASSIFIED AS
RESERVED.
The following will also be considered as reserved information:
1. The one that by express provision of another Law is considered confidential,
reserved, commercial reserved or governmental confidential;
2. The commercial, industrial, banking or other secrets considered
as such by a legal provision;
The reserved character may not be invoked in the case of the
investigation of serious violations of fundamental rights or crimes
against humanity.
ARTICLE 27. CLASSIFICATION PROCEDURE.
In accordance with Article 18 of the Law, the head of any body
The public must submit a petition to the highest level of the
Obliged Institution, which will send a copy of the petition to the Institute that
will proceed to its examination and, in case, to find that it does not respond
to the hypotheses of Article 17 of the Law and Article 26 of these Regulations
will resolve, making it known to the respective superior so that
he denies the request of the inferior by issuing the Agreement
correspondent.
Any Classification Agreement issued in contravention of the
resolved by the Institute will be null and void. If approved by
the Institute the request for classification, the Obligated Institution will issue the
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corresponding Agreement duly reasoned, clearly explaining
the reasons of fact and law on which the classification is based
of the information as reserved.
The classification process can only be started at the moment when
what:
a) The information is generated, obtained, acquired or transformed; or,
b) A request for access to information is received, in the case of
documents that have not been previously classified.
ARTICLE 28. CRITERIA AND GUIDELINES FOR THE
CLASSIFICATION.
The Institute will establish the guidelines that contain the criteria for
the classification, declassification and custody of the reserved information
and confidential. Obligated Institutions may establish criteria
specific when the nature or specialty of the information or
the administrative unit requires it, as long as it is justified and it is not
contravene the guidelines issued by the Institute. Said criteria
and its justification must be communicated to the Institute and published in the
website or, failing that, in a written medium available from the
obligated institutions, within ten business days after the
emit or modify.
When a file contains documents available to the public
and others classified as reserved, access must be given and
copy of those that are not classified.
In the case of a document that contains reserved parts or sections,
access must be given and a public version in which they are omitted
these last. The reproductions of the files or documents that
are delivered will constitute the corresponding public versions.
ARTICLE 29. ORDER OF DOCUMENTS
CLASSIFIED.
Documents classified as reserved must be ordered in
files with: numbered pages, index of documents, stamp that
indicate the parts of the documents that are reserved,
classification date, its legal basis, the reservation period,
signature of the head of the obligated institution, date of approval by
part of the Institute and copy of the Classification Agreement.
In addition to the foregoing, the Obligated Institutions will prepare and publish,
As information that must be disseminated ex officio, the index of the
files classified as reserved.
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The index must contain:
1. The subject of information;
2. The date of approval by the Institute and of the classification; Y,
3. The reservation period.
ARTICLE 30. CUSTODY OF CLASSIFIED RECORDS.
The files and documents classified as reserved will be
duly guarded and preserved in accordance with the guidelines that
issued by the Institute. The holders of the Obligated Institutions must
follow these guidelines, make sure they are suitable for the
cited purposes and, where appropriate, adjust them to the specific requirements
from your institution. Copy of the resolutions or agreements that, for this purpose, are
adopted by the obligated institutions will be sent to the Institute, which
It will ensure that they comply with its guidelines and, in any case, with the Law
and these Regulations.
ARTICLE 31. INFORMATION RESERVATION PERIOD.
Information classified as reserved according to articles 16, 17 and 18
of the Law, may remain with such character, if the cause that gave
origin to the reserve, up to a maximum period of ten (10) years.
If this cause persists, the information may be exceptionally
reclassified if the Obligated Institutions request it from the Institute
checking the subsistence of the causes that gave rise to its
classification. When, in the opinion of a Obligated Institution, it is necessary
extend the reservation period for a file or document, you must do
the corresponding application to the Institute, duly founded and motivated,
at least three months before the expiration of the period
backup.
ARTICLE 32. DECLASSIFICATION OF INFORMATION
RESERVED.
This information will be declassified in any of the following cases:
A. When the cause that gave rise to its classification has been extinguished;
B. When the reservation period has elapsed; C. When there is
after the maximum period of ten years has elapsed in the event that this period
had been duly authorized. The availability of that information
It will be without prejudice to what other laws establish in this regard.
The Courts of Justice will have access to the reserved information or
confidential when it is essential to resolve a matter and there would be
been offered at trial. Declassification will proceed when there is a
court order, in which case, it will be limited to the specific case, under
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reservation of exclusive use in such case. This information should
be kept in that character and will not be available in the file
judicial.
The Institute, in accordance with these Regulations, will establish the
Guidelines for the declassification of the reserved information.
When the reservation period ends or the causes have disappeared
that gave rise to the reservation of information, it must be
public, protecting the confidential personal data contained therein
contain.
ARTICLE 33. PROHIBITION.
Confidential personal data is of a highly personal nature and, therefore,
Therefore, they cannot be renounced, non-transferable and cannot be delegated, so that no
Obligated Institution must provide or disclose them.
CHAPTER IV
EXERCISE OF THE RIGHT OF ACCESS TO INFORMATION
PUBLIC
ARTICLE 34.- APPLICATION.
The request for access to public information must be submitted by
written or by electronic means, clearly indicating the details
specific information requested, without motivation or formality
some. This provision will not empower the applicant to copy all or
partially databases.
The exercise of the right of access to public information does not require
of the accreditation of subjective rights, legitimate interest or reasons that
motivate the request, except in the case of personal data.
The Institute will issue guidelines so that the obligated institutions
facilitate and appropriately support vulnerable individuals or groups in
the effective exercise of their right of access to public information.
Any request or resource for access to public information will be free.
If the entity that provides the information incurs expenses for the
reproduction of the documentation that is requested, is authorized
only to collect and receive the costs that are generated.
The applicant will be responsible for the use, management and dissemination of the
information to which you have access.

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ARTICLE 35. DELEGATION.
Without prejudice to the provisions in relation to the Public Information Officer
in Article 7. (Human and Technical Support) of these Regulations,
The heads of the obligated institutions, by agreement, will delegate
to their departmental and local representatives or others functionally
appropriate, the attention to requests for information, in order to guarantee
the timely and decentralized provision of this public service. These
agreements will be published ex officio.
A copy of these agreements will be sent to the Institute and the National Council.
Anti-corruption.
ARTICLE 36. RECEPTION OF THE APPLICATION.
The request will be presented to the Public Information Officer or, in his
case, to the person in charge of the Obligated Institution, or their delegates
departmental and local. It must contain at least the following
data:
to. Identification of the public authority that owns the information.
b. The requesting natural person must identify himself with his name and card
identity card, passport or resident card in the case of foreigners. On
In the event that the applicant is a legal entity, they must also certify
of its legal existence, the sufficient power of the person acting on behalf of
is.
c. Clear and precise identification of the data and information that
required.
d. Place or means to receive the requested information or notifications.
ARTICLE 37. OBLIGATION TO ASSIST THE APPLICANT IN CASE
OF INCOMPLETE APPLICATIONS.
If the request does not contain all the required data, the Obligated Institution
You must make it known to the applicant in order to correct and complete the
data, for this the person or applicant will have the support of the respective
Public Information Officer or the person designated for that purpose.
If the application is submitted to an obligated institution that is not competent
to deliver the information or that it does not have it because it is not within its competence,
the obliged receiving institution must notify the applicant,
to present said request to the corresponding Institution.

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ARTICLE 38. OBLIGATION TO INFORM ABOUT THE PROCEDURES
IN OBLIGATED INSTITUTIONS.
The Obligated Institutions have the duty to provide simple information
and accessible to the requesting person about the procedures and procedures
to be carried out, the competent authorities or bodies, the way
to carry them out, and how to fill out the required forms,
as well as the agencies to which you can go to request
guidance or formulate complaints, queries or claims about the provision of the
service or on the exercise of the functions or competences in charge of the
entity or person concerned.
Natural persons characterized as obligated in accordance with the
indicated in article 3 numeral 4 of the Law, they will be obliged to deliver
the corresponding information through the obligated institution that
monitor your activities.
ARTICLE 39. DEADLINE FOR DELIVERING THE INFORMATION.
Any request for information required in the terms of this
Regulations must be satisfied within a period of no more than ten business days.
The period may be extended exceptionally for another ten days of
mediate circumstances that make it difficult to gather the requested information.
Where appropriate, the required Obligated Institution must notify the
applicant, before the expiration of the ten-day period, the reasons for
which will make use of the exceptional extension, for which the
the following steps:
to. The decision to extend the term established by law for delivery
of the information, the applicant must be notified before the
the original period of 10 business days.
b. The notification must be made by the same means as the applicant.
established for the delivery of information, such as fax, mail
electronic and others.
c. In the event that the delivery of the information is established in a
by the applicant, the extension of the term will be notified by
means of notice table posted in the General Secretary or the Office of
attention or its equivalent, by the Public Information officer.
ARTICLE 40. ACCESS TO INFORMATION BY THE
JOURNALISTS.
Journalists will enjoy special protection and support in the exercise of
his profession, without any restrictions other than those contemplated in the Law, this
Regulations and other applicable laws.
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The right of access to public information will not be invoked, in
no case, to demand the identification of journalistic sources within
of the public sector bodies, nor the information that supports the
investigations and journalistic information that have been duly
published and kept in the archives of the media companies of
communication, except in the cases provided by law.
CHAPTER V
PERSONAL INFORMATION
ARTICLE 41.- OBLIGATED INSTITUTIONS RESPONSIBLE FOR THE
CUSTODY OF PERSONAL DATA.
Without prejudice to the provisions of other laws on the protection of
data and processes and confidentiality of personal data and information
delivered by individuals to the State under reservation, the Institutions
Obligated will be responsible for confidential personal data and
of confidential information, and, in relation to these, they must:
1. Adopt the appropriate procedures to receive and respond to the
requests for access and correction of data, as well as training
public servants and disclose information about their policies
in relation to the protection of such data, in accordance with the
guidelines established by the Institute in this regard;
2. Process personal data only when they are adequate, relevant
and not excessive in relation to the purposes for which they have been
obtained;
3. Make available to the public, from the moment in which
collect personal data, the document in which the
purposes for its treatment, following the guidelines established
the Institute;
4. Ensure that personal data are accurate and up-to-date;
5. Substitute, rectify or complete, ex officio, the personal data that may be
inaccurate, either totally or partially, or incomplete, at the time of
that they are aware of this situation; Y,
6. Adopt the necessary measures to guarantee the safety of the
personal data and avoid its alteration, loss, transmission and access not
authorized.

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Article 42. PERSONAL DATA AND INFORMATION BASES
CONFIDENTIAL.
Natural or legal persons who, due to their work, develop
personal databases and confidential information, they will not be able to use it
without the prior consent of the person referred to in the
information.
In any case, no one will be obliged to supply information containing
personal data or confidential information.
The Obligated Institutions that possess, by whatever title, systems or
personal databases must be made known to the Institute
that will maintain an updated list of said systems or bases.
The Institute may receive complaints for abuses in the collection of information
with personal or confidential data.
The Institute will impose corrective measures and establish
recommendations to those who attempt against the unauthorized disclosure of
personal and confidential data.
ARTICLE 43. PROHIBITION OF DISSEMINATION AND COMMERCIALIZATION
PERSONAL INFORMATION.
The Obligated Institutions may not disseminate, distribute or commercialize
nor allow access to personal data contained in the systems of
information, developed in the exercise of their functions, unless there is
mediated the express written consent, direct or authenticated, of the
persons to which the information refers.
ARTICLE 44. CASES IN WHICH THE
AUTHORIZATION TO ACCESS PERSONAL DATA.
The consent of the individuals will not be required to provide the
personal data in the following cases:
1. Those necessary for statistical, scientific or general interest reasons
provided by law, after a procedure by which the
personal data with the individual to whom they refer;
2. When they are transmitted between Obligated Institutions, as long as
the data is used for the exercise of attributions and own functions
from the same;
3. When there is a court order;

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4. To third parties, when the provision of a service that requires
the processing of personal data. Said third parties may not use the
personal data for purposes other than those for which it is
transmitted to them; Y,
5. In other cases established by law.
ARTICLE 45. ACCESS TO PERSONAL DATA.
Without prejudice to the provisions of other laws, only the interested parties or their
Representatives, after accreditation, may request an Institution
Obliged to provide them with the personal data that they hold in a
personal data system. The former must deliver it, within a period of
up to ten business days from the submission of the application, in
format understandable to the applicant, the corresponding information,
Or, you will be informed in writing that this personal data system does not
contains the referrals to the applicant.
The delivery of personal data will be free, and he or the applicant must
cover only the costs of reproduction or shipping.
ARTICLE 46. REQUEST TO MODIFY THE DATA
WRONG PERSONAL.
Interested persons or their representatives may, after accreditation,
request the corresponding Obligated Institutions the modification
of your data found in any personal data system. With
For this purpose, the interested party must submit an application
of modification to the Obligated Institution, which indicates the system of
personal data, indicate the modifications to be made and provide the
documentation that motivates and supports your request.
The Obligated Institution, within a period of 30 business days from the date of
date of submission of the application, you must deliver to the applicant
a communication stating the modifications or informing you
in a well-founded and motivated manner, the reasons why the
modification.
ARTICLE 47. UNDEFINED TERM OF RESTRICTION OF THE
ACCESS TO INFORMATION.
Sensitive personal data and confidential information
established in numerals 7) and 9) of article 3 of the Law will not be
subject to expiration periods and will have that character indefinitely,
Unless there is the express consent of the owner of the information or
Written command issued by competent authority. Except what
relative to the offers sealed in contests and tenders, which will be
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public as of its opening.
ARTICLE 48. DELIVERY OF CONFIDENTIAL INFORMATION BY
PART OF THE INDIVIDUALS.
Individuals who provide Obligated Institutions information
confidential that responds to the provisions of Article 3, numerals 7)
and 9) of the Law, they must indicate the documents or their sections
that contain that confidential information, as well as the rationale for
which they consider to have that character.
ARTICLE 49. REQUIREMENT OF ACCESS TO INFORMATION
CONFIDENTIAL.
When a Obligated Institution receives and considers pertinent a
request for access to a file or document containing information
confidential, may require the person who owns the information his
authorization to deliver it, who will have ten business days to respond
from the corresponding notification. The silence of the person
required will be considered a negative.
The Obligated Institution must give access to the public versions of
the files or documents referred to in the preceding paragraph,
in which the documents or their parts or sections are omitted
that contain confidential information, even in cases where it is not
has required the person who owns the information to grant
your consent or an express or tacit refusal is obtained from the
same.
ARTICLE 50.- PROHIBITION OF DELIVERY OF INFORMATION.
No person may force another to provide personal data that
may cause discrimination or cause damage or risks to property or
morals of people.
CHAPTER VI
PROCEDURES, INFRACTIONS AND SANCTIONS
ARTICLE 51. RESOURCES.
The applicant to whom, by resolution of the Obligated Institution,
you have been notified of the denial of your request for access to information
or the non-existence of the requested documents or when there is no
resolved in the term and manner established in Articles 21 and 26 of the Law
or it was done incompletely or with reason and reason as provided in
Article 52 (causes) of this Regulation, may file, for
in writing or electronically, by himself or through his representative, the
appeal for review of the resolution or the absence of said resolution,
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before the Institute, within ten business days following the date of the
notification or, failing that, of the occurrence of the other causes before
indicated.
The applicant may request, in writing, the application of the
sanctions that the Law provides for public or private servants
who act in contravention of it.
The Institute will require from the Obligated Institution that issued the denial,
the remission of the background information, within the following three business days
to this requirement. Likewise, if the term has expired
legal to deliver it, will require the Obligated Institution so that in
Immediately deliver the requested information. In both cases,
warning him that if he does not do so, he will incur the established sanctions
in the Law and these Regulations. Within ten days for the
Institute issues the respective resolution will be interrupted by the course
of the terms granted to the Obligated Institutions for the remittance of
the antecedents already described.
ARTICLE 52. GROUNDS.
The Appeal for Review before the Institute proceeds when:
1. The authority to which the request for information was submitted
had refused to receive it or when it had not been resolved within the term
established in the Law;
2. The information requested or the generation of public information has
been denied by the Obligated Institution;
3. The information is considered incomplete, altered or supposedly
false, or that does not correspond to the one requested.
4. The agency or entity does not provide the applicant with personal data
requested, or do so in an incomprehensible format;
5. The agency or entity refuses to make modifications or
corrections to personal data;
ARTICLE 53. JURISDICTION.The Institute is competent to know, process and resolve the resources
of review of the denial of delivery of information, presented in
in accordance with the provisions of the Law and these Regulations.
Against the resolution of the Institute, only the appeal for amparo will proceed.
in accordance with the Constitutional Justice Law.
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ARTICLE 54. REQUIREMENTS FOR THE REVIEW REQUEST.
The document filing the appeal for review must contain:
1. The agency or entity to which the request was submitted;
2. The name of the appellant and of the interested third party, if any, as well as the
address or medium that you indicate to receive notifications;
3. The date on which you were notified or had knowledge of the claimed act;
4. The act that is appealed and the petitioning points;
5. The copy of the respective request for access to public information,
with the attestation of the submitted to the Obligated institution;
6. The other elements that it deems appropriate to submit to the Institute.
In any case, the Institute will remedy the deficiencies of the
requests for review filed.
ARTICLE 55. PROCEDURE TO RESOLVE THE RESOURCE OF
REVISION.
The Institute will substantiate the appeal for review in accordance with the guidelines
following:
1. The appeal shall be filed with the General Secretariat of the Institute, the
that it will admit and structure the corresponding file, which
will be transferred to one or a rapporteur Commissioner who within 5 days
following business hours must prepare and submit a draft Resolution
to the Plenary; for this purpose, the commissioner or commissioner rapporteur will determine
carrying out the investigations, opinions and proceedings that create
necessary.
2. Upon receipt of the Draft Resolution referred to in numeral
above, The Plenary of the Institute may determine the celebration
of hearings with the parties; It may also be required by the
Institute, additional information to the Obligated Institution for the purpose
to achieve a better study of the resource; the deadlines used for the
practice of these proceedings will interrupt the course of the period of 10
business days established in article 26 of the Law and 51, last paragraph, of the
these Regulations.
3. The Institute shall supply, during the procedure, the deficiencies of
the request in favor of the appellant and ensure that the parties can
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present, orally or in writing, the arguments that support and motivate
their claims, as well as formulating their arguments;
4. By request of the interested party, they may receive, electronically,
other additional documents and writings;
5. The Plenary will ultimately resolve within the term established in the
Article 26 of the Law and Article 51 of these Regulations; Y,
6. The deliberations and resolutions of the Plenary will be made in hearings
public, and the resolutions will be subject to maximum disclosure.
When there is just cause, the Plenary of the Institute may exceptionally
extend, once and for an equal period, the established deadlines
in numerals 1) and 5) of this Article, in accordance with the provisions
in the final paragraph of Article 84 of the Administrative Procedure Law,
Notifying the appellant of such circumstance.
The reserved or confidential information that, where appropriate, is requested
by the Institute because it is indispensable to resolve the matter, it must
be kept in that character and will not be available in the record.
ARTICLE 56. RESOLUTION OF THE REVIEW APPEAL.
The resolutions of the Institute may:
1. Revoke or modify the decisions of the Obligated Institution and order it
that allows the applicant access to the requested information or data
personal, that reclassifies the information, or that modifies such data;
2. Deny the appeal as inadmissible or grant it;
3. Confirm the decision of the Obligated Institution.
The resolutions, which must be in writing, will establish the deadlines
for its compliance and the procedures to ensure execution.
When, during the substantiation of the procedure, the Institute
determine that a public or private servant may have incurred
in responsibility, it must be made known to the owner of the
Obliged Institution to initiate, where appropriate, the procedure of

responsibility that corresponds.
ARTICLE 57. INADEQUACY OF THE REVIEW APPEAL.
The appeal will be denied as inadmissible when:
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1. It is presented, once the period of ten business days has elapsed
following the date of notification of the denial or after the
the term in which it should have been issued;
2. The Institute has previously known of the respective appeal and resolved
definitely;
3. A resolution that has not been issued by an institution is appealed
Forced.
ARTICLE 58. RECONSIDERATION OF CONFIRMATION OF
REFUSAL.
If, after the resolution of the Institute confirming the denial
by a Forced institution, the causes that motivated the
reserve or continue without generating public information on competition
of the Obligated Institution, the affected person may request before the same
Institute to reconsider that resolution.
Said request for reconsideration will be resolved within ten days
business days following the date of its filing.
ARTICLE 59. SERIOUSNESS OF INFRACTIONS
ADMINISTRATIVE.
To determine how serious the contemplated administrative offenses
in Article 27 of the Law, the following will be taken into account:
1. Act with negligence, fraud or bad faith in the substantiation of the
requests for access to information or the dissemination of information
to be supplied by the Obligated Institutions;
2. Intentionally denying information not classified as reserved or
not considered confidential according to the Law; Y,
3. Intentionally submitting required information in an incomplete manner
in an access request or not to generate the public information included
within the scope of its competence.
ARTICLE 60. APPLICATION OF SANCTIONS.
The Institute for Access to Public Information will be in charge of applying
sanctions for administrative offenses not constituting crimes,
in the manner contemplated in articles 27 to 29 of the Law.
In cases where a written warning, suspension or
dismissal, the Institute will require the Obligated Institution to proceed
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immediately to apply said sanctions.
ARTICLE 61. COMPLAINT OF CRIMINAL ACTIONS.
When in the exercise of its functions, the Institute has knowledge
of the possible commission of an offense, will inform the
Public Ministry so that in its case, the respective action is initiated. From
this action, will send a copy to the National Anticorruption Council for its
due follow-up.
ARTICLE 62.- DUE PROCESS.
The sanctions determined in the Law will be applied with strict adherence to the
standards of due process established in the Constitution of the Republic
and in the international Human Rights Treaties in force.
ARTICLE 63.- AMOUNT OF THE FINES.
The Institute will prepare a regulation of sanctions that will regulate the amount
of the fines, according to the seriousness of the administrative infractions
and to the scale established in Article 28 of the Law.
The execution of the aforementioned fines will be in charge of the Attorney General's Office
General of the Republic.
ARTICLE 64. START OF THE PRESCRIPTION PERIOD OF
RESPONSIBILITY.
In the case of the actions or omissions of the servers of the institutions
obligations that imply violation of the Constitution of the Republic, the
Law or international treaties on access to information,
the statute of limitations for civil and criminal liability thereof
will be the one indicated in article 325 of the Constitution of the Republic, which
will begin to count from the date established in the aforementioned article
constitutional.
CHAPTER VII
SURVEILLANCE BODY AND NATIONAL ARCHIVE SYSTEM
ARTICLE 65. SURVEILLANCE BODY.
To guarantee the effective exercise of the right of access to Information
by citizens and compliance with the Obligated Institutions
to provide public information, the National Anti-Corruption Council
(CNA) will act as the Surveillance Body in charge of ensuring the
correct application of the Law, for which you will have access to these institutions
and to the information, in the terms indicated in Article 30 of the Law, without
prejudice to the functions that are expressly recognized in the
National Anticorruption Council.
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The Institute will collaborate with the National Anticorruption Council (CNA) to
that fulfills the function of oversight body. For this purpose, the
The Institute will inform you of the complaints and requests for review that are
present; will send you a copy of the semi-annual reports that you submit to the
Presidency of the Republic and the National Congress, and will celebrate with the
CNA, the conventions and agreements that are necessary for the follow-up
and evaluation of compliance with the Law, as well as for
disclosure of the content of the Law and these Regulations.
The National Anticorruption Council will monitor and monitor the
effective application of the sanctions imposed by the Institute.
The CNA will ensure compliance with promotional activities and
training that are regulated in Article 8 and in numerals 10, 11, 12, and
13 of Article 12 of these Regulations, and the obligated institutions must
send you a report on the programs and their implementation.
Without prejudice to the periodic information to Civil Society, the Council
National Anticorruption, in its annual report to the National Congress,
will include what is related to the fulfillment of its functions as an
Surveillance, as well as the difficulties that hinder the correct application of
the Law, proposing the way to overcome them.
ARTICLE 66. LEGISLATIVE MONITORING COMMITTEE.
The Institute and the National Anticorruption Council will collaborate with the
Special Commission for Monitoring the Law, providing all the information
is necessary for the performance of their work and ensuring that the
Obligated Institutions submit, to said Commission, the quarterly reports
referred to in Article 31 of the Law.

ARTICLE 67. NATIONAL ARCHIVE SYSTEM.
In accordance with the powers conferred by Article 11,
numerals 2) and 3) of the Law, the Institute will support the National Archive in
regarding the formation and protection of the documentary collections of the
Nation. To that end, it will enter into the necessary agreements with the Archive
National and with the other Obligatory Institutions to strengthen the collection
cultural and historical history of Honduras.
ARTICLE 68. GUIDELINES FOR THE CONSERVATION OF THE
FILES.
The Institute, in coordination with the National Archive, will issue, through
Agreement, the guidelines that contain the criteria for the organization,
conservation and proper functioning of the archives of the Institutions
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Forced.
ARTICLE 69. SPECIFIC CRITERIA FOR THE ORGANIZATION OF
FILES.
When the specialty of the information or the administrative unit
required, the Obligated institutions will establish specific criteria
for the organization and conservation of the archives of the dependencies
and entities, as long as the guidelines issued are not contravened
according to the previous article.
Said criteria and their justification must be communicated to the Institute and
be published on the website of the Obligated Institutions, within
the ten business days after they are issued or modified.
ARTICLE 70. INTEGRATION OF THE SUBSYSTEMS TO THE SYSTEM
NATIONAL ARCHIVES.
All documents in the possession of the Obligated Institutions will be part of the
of the respective file subsystem which will be integrated into the System
National Archives, in accordance with established procedures
by mutual agreement between the Institute and the National Archive of Honduras.
Said National System, as an ordered and linked group in accordance with the
regulations issued by the National Archive of Honduras, will conform
with the set of subsystems and will include at least the processes for
record or capture, the description from the general group, subgroup and
record, file, preservation, use and final disposal, among others that
relevant.
ARTICLE 71. SUPPORT DOCUMENTATION.
The acts and procedures that, in relation to requests for
information formulated, are in process at the Institutions
Obliged, as well as the final resolutions adopted by them,
They must have the supporting documentation.
ARTICLE 72. PROGRAM AND GUIDE FOR THE ORGANIZATION OF THE
FILES.
In accordance with the Institute's guidelines and procedures
agreed between the Institute and the National Archive of Honduras to
referred to in this Regulation, the Obligated Institutions will prepare a
program that will contain a simple guide to organizing files
of the agency or entity, in order to facilitate the obtaining and access
to public information.
Said guide will be updated annually and must include the measures
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necessary for the custody and conservation of the files.
ARTICLE 73. PURIFICATION.
When five or more years of custody or conservation have elapsed
or because it is considered that it has lost administrative, legal, historical value
and institutional public information, including reserved information, that
has been obtained, captured or generated due to the fulfillment of
its functions, the Obligated Institution, prior communication to the Institute,
will proceed to its transfer to the National Archive to submit it to the
process of its purification that determines, in due course, the General Law
Archives.
The information classified as reserved, the information
which can only be purged, one year after the expiration of the
period during which it was kept in reserve.
The Institute, the Obligated Institution and the National Archive must inform,
and keep lists of the information to be destroyed and the
destroyed.
ARTICLE 74. PROHIBITION OF DESTROYING INFORMATION.
In no case may a Obligated Institution destroy a document that
must be in your custody, if any, in addition to the responsibilities
administrative and civil, will incur a crime in accordance with criminal law.
ARTICLE 75. ACCESSORY RIGHT.
In accordance with the provisions of Articles 1, 3 and 33 of the Law, the
right of access to public information does not harm, limit or substitute
the right to witness or observe the acts of the public administration,
as well as to receive information in all the institutions that comply
the requirements established to be considered as Institutions
Obliged, even if they have not been expressly mentioned in Article
3, paragraph 4) of the Law.
CHAPTER VIII
TRANSITIONAL AND FINAL PROVISIONS SECTION ONE
TRANSITORY DISPOSITIONS
ARTICLE 76. ADEQUACY TO THE LAW.
The Institute, as the body that guarantees transparency and access to
public information, will verify and issue resolutions so that the
Obligated Institutions that have not yet disclosed the information of
office to which they are obliged, comply with this obligation within
of the term of thirty business days following the date of entry into
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validity of this Regulation and, in the event of omission or non-compliance,
will be considered as a serious offense for the purposes of the imposition of the
corresponding administrative sanction.
The National Anticorruption Council will also ensure that the Institutions
Obliged to comply with this inescapable responsibility of ensuring the
effectiveness of free access to information in the manner established
the Law and these regulations.
ARTICLE 77. ELECTRONIC SYSTEM.
The Presidency of the Republic will promote and, where appropriate, provide support
necessary for the Obligated Institutions to implement the Web portal
and the electronic assembly of the National Information System in accordance
to the technical specifications determined by the Institute.
SECTION TWO
FINAL PROVISIONS
ARTICLE 78. SPECIAL QUALITY OF THE INSTITUTE.
The special quality of the Institute established in article 38 of the Law,
in relation to the responsibility to fulfill the obligations that, in
specific matters of transparency and accountability, the State
of Honduras has contracted in the Inter-American Convention Against
Corruption and the United Nations Convention against Corruption,
It will be fulfilled by monitoring compliance with them in each of the
the State Institutions.
For this purpose, the Institute will inform each of the institutions of the
State the form and deadlines in which these obligations must be fulfilled.
The Institute will prepare an annual report on compliance by the
State of Honduras of the obligations, in specific matters of
transparency and accountability, contracted in both Conventions
and will forward it to the Superior Court of Accounts, with a copy to the National Council
Anti-corruption, to be incorporated into the global information that said
Superior Court submits to the analysis of the Follow-up Mechanism of
Implementation of the provisions of the Inter-American Convention
against Corruption, as well as the follow-up mechanism in what
it concerns the United Nations Convention against Corruption.
ARTICLE 79. SUPPLETARY RULES.
In matters not provided for in the Law and these Regulations and in harmony with
the purpose of these, will be applied among other legal instruments, and in what
appropriate, the International Conventions on the matter, the Code
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of Ethical Conduct of Public Servants, the General Law of the Administration
Public, the Law of Administrative Procedure, the Law of Simplification
Administrative Law, and the general principles of Administrative Law, of
conformity to what is indicated in article 5 of these Regulations.
ARTICLE 80. PUBLIC INFORMATION GENERATED BEFORE THE
VALIDITY OF THE LAW.
Regarding requests for access to public information generated
Before the entry into force of the Law, the provisions of
the same, without prejudice to the provisions of the International Treaties
on Human Rights and Freedom of expression, and without further restrictions
than those expressly established by the aforementioned Treaties.
These Regulations shall enter into force as of the date of its
publication in the Official Gazette "La Gaceta".
SECOND ARTICLE: Transcribe this Agreement to each of the
members of the Plenary of the Institute, the Legal Management and General Secretary
of the same, and make the corresponding referral for publication in
the Official Gazette “La
Gazette".
ARTICLE THREE: This Agreement is of immediate execution,
Tegucigalpa, MDC, March 3, 2008.
GET IN TOUCH. (F and S)
ELIZABETH CHIUZ SIERRA
COMMISSIONER PRESIDENT
GILMA AGURCIA VALENCIA
COMMISSIONER
ARTURO ECHENIQUE SANTOS
COMMISSIONER
IRIS RODAS GAMERO
GENERAL SECRETARY
Attorney General of
the Republic

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CERTIFICATION
The undersigned, Secretary General of the Office of the Attorney General of the
Republic, CERTIFIES: The Opinion and Order of Approval that literally
They say: “CD-17122007-263.- Institute for Access to Public Information.
OPINION PGR -DNC -08-2008.
The undersigned Legal Consultant of the Office of the Attorney General of the Republic,
in compliance with the instructions in the order dated February 19
of 2008, issued by the Attorney General of the Republic, in
the request from the Institute for Access to Public Information
(IAIP), which is contracted to request that this Legal Representation of the State
of Honduras, issue a Law Opinion regarding the Draft "Regulation
Application of the Law of Transparency and Access to Public Information ”;
Law that was approved by the National Congress of the Republic through
Decree No. 170-2006, published in the Official Gazette La Gaceta dated 30
December 2007, and the respective reform carried out by Decree
64-2007, published in the Official Gazette La Gaceta No. 64-2007, dated 17
July 2007.Done the pertinent analysis of the new Draft Regulation of merit and
the request made to this Legal Representation of the State of Honduras
by Attorney Elizabeth Chiuz Sierra, Presiding Commissioner of the
Institute in reference, has the honor of issuing the following Opinion:
1.- On December 14, 2007, it was sent by the Institute
of Access to Public Information (IAIP), to this Legal Representation
of the State of Honduras, the Draft Regulations for the Application of
the Law of Transparency and Access to Public Information; the above,
so that in accordance with the provisions of Article 41 of the Law on
Administrative Procedure, ruled by the Attorney General's Office
General of the Republic prior to its approval and subsequent publication in
the Official Gazette La Gaceta; consequently, the Draft Regulation
of merit was ruled unfavorably, by this National Directorate
of Consulting, by means of Opinion No. PGR-SC-05-2008, dated April 30,
January 2008, suggesting the correction and, where appropriate, the clarification of
28 observations made to the ownership of the Institute of Access to the
Public Information (IAIP).
2.- The record shows that on February 18, 2008, the
Institute for Access to Public Information (IAIP), forwarded again
to this Legal Representation of the State the Draft of the "Regulation
Application of the Law of Transparency and Access to Public Information ”,
leaving a record of having attended to the observations made
by this Legal Representation of the State, in the sense of correcting
the aspects indicated as infractions to the legal system and
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clarify some aspects that, due to their wording, merited a
proper explanation.
3.- By virtue of Article 41 of the Administrative Procedure Law
establishes that the Draft Regulations for the application of a
law, will be ruled by the Attorney General of the Republic.
can infer from the context of the Article in reference, that the intention of the
legislator when establishing such a provision, is that with the issuance of Acts
Administrative of a general nature, such as the regulations for the
application of a Law, the prohibitions related in the
Article 40 of the referred Administrative Procedure Law; what's more,
that the current legal system and the General Principles are respected
of the Right. For all the above, this National Directorate of
Consultoría issues FAVORABLE OPINION to the Project of the “Regulation of
Application of the Law of Transparency and Access to Public Information ”;
In this sense, its approval and consequent publication in the
Official Gazette La Gaceta, by virtue of the corrections and clarifications
made about the observations made to it by this
State Legal Representation. In witness whereof I sign this
Opinion in the city of Tegucigalpa, municipality of the Central District, to
the twenty-two days of the month of February of the year two thousand and eight.
(F y S) Lawyer HÉCTOR ANTONIO HERRERA FLORES, Consultant
Principal Legal Officer ”..., Office of the Attorney General of the Republic.- Tegucigalpa,
Municipality of the Central District, February 22, 2008.
It is deemed issued by the Attorney Héctor Antonio Herrera Flores, in
his status as Legal Consultant of this State Representation, the
Previous opinion; consequently, try the same in all your
parties, ordering the General Secretariat of this Office of the Attorney General of
the Republic, proceed to extend the Certification of the Merit Opinion, as well
as of the present order in order to inform the petitioner of what was resolved; a
Once said Certification has been delivered, file these proceedings.Article 27 and 32 of the Organic Law of the Attorney General of the
Republic.- Be fulfilled.)
(F & S) Rosa América Miranda Rivera, Attorney General of the
Republic.
Carlos Wilson Osorto Gallardo, Secretary General ”.
"IT IS COMPLIANT WITH ITS ORIGINALS".
Tegucigalpa, MDC, February 27, 2008.

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ABOG. CARLOS WILSON OSORTO GALLARDO
GENERAL SECRETARY
–––––––
... AUTHENTIC.
The undersigned, Secretary General of the Office of the Attorney General of the Republic,
CERTIFIES: That the photostatic copy above and that corresponds to:
Certification issued on February twenty-seven, two thousand eight,
by means of which the opinion PGR-DNC-08-2008, dated
February nineteenth, two thousand eight, as well as the order of approval
dated twenty-two of that same month and year, dictated in the file
with admission order number CD-17122007-263; is AUTHENTIC, for
reproduce faithfully the original document in the Archives of
the Office of the Attorney General of the Republic, with which it agrees in all
and each of its parts, of which I ATTEST.- Tegucigalpa, MD C, 1 de
March 2008. Last line.
CARLOS WILSON OSORTO GALLARDO
General secretary

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