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ORGANIC LAW OF TRANSPARENCY AND ACCESS TO THE
PUBLIC INFORMATION
Law 24
Official Gazette Supplement 337 of May 18, 2004
Status: Current

THE NATIONAL CONGRESS
Considering:
That article 81 of the Political Constitution of the Republic guarantees the right to access the
sources of information, as a mechanism to exercise democratic participation regarding the
management of public affairs and accountability to which all officials of the
State, and other entities required by this Law:
That it is necessary to make effective the principle of publicity of the acts, contracts and procedures of the
State institutions and those financed with public resources or that by their nature
are of public interest;
That the same constitutional norm establishes that there will be no reservation regarding information that
rest in public archives, except for those that for national security should not be given to
know;
That freedom of information is recognized both in article 19 of the International Covenant on
Civil and Political Rights, as in Article 13 of the Inter-American Convention on Rights
Humans; Y,
In exercise of its constitutional and legal powers, it issues the following.
ORGANIC LAW OF TRANSPARENCY AND ACCESS TO
PUBLIC INFORMATION
TITLE ONE
GENERAL PRINCIPLES
Art. 1.- Principle of Public Information Publicity.- Access to public information is a
Right of the people guaranteed by the State.
All the information that emanates or that is in the power of the institutions, organisms and entities,
legal persons of public or private law that, for the subject matter of information, have
participation of the State or are its concessionaires, in any of its modalities, according to
It is provided by the Organic Law of the General Comptroller of the State; workers' organizations
and servants of State institutions, higher education institutions that receive income
of the State, the so-called non-governmental organizations (NGOs), are subject to the
principle of publicity; therefore, all information they have is public, except for the exceptions
established in this Law.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 18
ORGANIC LAW OF THE GENERAL COMPTROLLER OF THE STATE, Arts. 46, 49, 76, 80, 81
ORGANIC CODE OF PLANNING AND PUBLIC FINANCE, COPFP, Arts. 174

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Art. 2.- Purpose of the Law.- This Law guarantees and regulates the exercise of the fundamental right of
people to information in accordance with the guarantees enshrined in the Political Constitution of the
Republic, International Covenant on Civil and Political Rights, Inter-American Convention on
Human Rights and other international instruments in force, of which our country is
signatory.
It pursues the following objectives:
a) Comply with the provisions of the Political Constitution of the Republic regarding advertising,
transparency and accountability to which all State institutions that
make up the public sector, dignitaries, authorities and public officials, including entities
indicated in the previous article, the legal persons of private law that carry out works,
services, etc., with public allocations. For this purpose, they will adopt the measures that guarantee and
promote the organization, classification and management of information that account for the management
public;
b) Compliance with international conventions that have been legally signed on the matter
our country;
c) Allow the control of public administration and public resources, making effective a
true social control;
d) Guarantee the protection of personal information held by the public and / or private sector;
e) The democratization of Ecuadorian society and the full validity of the rule of law, through
of a genuine and legitimate access to public information; Y,
f) Facilitate effective citizen participation in making decisions of general interest and their
oversight.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 18, 66, 85, 100, 204, 225, 296, 297, 417
ORGANIC CODE OF TERRITORIAL ORGANIZATION, COOTAD, Arts. 29

Art. 3.- Scope of Application of the Law.- This Law is applicable to:
a) The organizations and entities that make up the public sector in the terms of article 118 of the
Political Constitution of the Republic;
b) The entities indicated in article 1 of this Law;
c) Legal persons whose shares or participations belong in whole or in part to the State,
exclusively on the destination and management of State resources;
d) The right of access to information of the deputies of the Republic is governed in accordance with
provided in the Political Constitution of the Republic, in the Organic Law of the Legislative Function and
its Internal Regulations;
e) Corporations, foundations and non-governmental organizations (NGOs) even if they have the
private character and are in charge of the provision or administration of goods or services
public, that maintain agreements, contracts or any contractual form with institutions
public and / or international organizations, as long as the purpose of their function is public;
f) Legal persons of private law, who are delegates or concessionaires or any
another contractual form of public services of the State, in the terms of the respective contract;
g) Legal persons under private law, who carry out public procedures or are partially financed
or totally with public resources and only in relation to said efforts or the
actions or activities to which such resources are allocated; Y,
h) Legal persons of private law that have public information in the terms of
this law.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 120, 225

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Art. 4.- Principles of Law Enforcement.- In the development of the right of access to information
public, the following principles will be observed:
a) Public information belongs to citizens. The State and institutions
private depositories of public archives, are their administrators and are obliged to guarantee the
access to information;
b) Access to public information will, as a general rule, be free except for the costs of
reproduction and will be regulated by the rules of this Law;
c) The exercise of the public function is subject to the principle of opening and publicizing its
performances. This principle extends to those private law entities that exercise the
state authority and manage public resources;
d) The competent authorities and judges must apply the rules of this Organic Law of the
a way that most favors the effective exercise of the rights hereby guaranteed; Y,
e) Guarantee the transparent handling of public information, so as to make possible the
citizen participation in decision-making in the general interest and accountability of the
different authorities that exercise public power.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 92, 233, 426, 427
ORGANIC LAW OF THE GENERAL COMPTROLLER OF THE STATE, Arts. 5, 45, 52, 56, 73
ORGANIC LAW OF THE NATIONAL PUBLIC HIRING SYSTEM, Arts. 2. 3
ORGANIC LAW OF PUBLIC SERVICE, LOSEP, Arts. 41

SECOND TITLE
OF PUBLIC INFORMATION
AND ITS DISSEMINATION
Art. 5.- Public Information.- Public information is considered to be any document in any
format, which is in the possession of public institutions and legal persons to which
referred to in this Law, contents, created or obtained by them, that are under their
responsibility or have been produced with State resources.
Concordances:
ORGANIC LAW OF PUBLIC COMPANIES, LOEP, Arts. Four. Five
ORGANIC LAW OF THE NATIONAL PUBLIC HIRING SYSTEM, Arts. Four. Five

Art. 6.- Confidential Information.- Confidential information is considered public information.
personal, which is not subject to the principle of publicity and includes that derived from its
very personal and fundamental rights, especially those indicated in articles 23 and
24 of the Political Constitution of the Republic.
The illegal use made of personal information or its disclosure, will lead to actions
relevant legal.
No reservation may be invoked, in the case of investigations carried out by the authorities,
competent public authorities, on violations of the rights of persons that are established
in the Political Constitution of the Republic, in the declarations, pacts, agreements, instruments
international and domestic legal order. The procedure established in the
previous inquiries.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 18, 66, 77, 91

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CHILDHOOD AND ADOLESCENCE CODE, Arts. 79
ORGANIC LAW OF THE GENERAL COMPTROLLER OF THE STATE, Arts. 79
ORGANIC LAW OF PUBLIC COMPANIES, LOEP, Arts. 46
WORK CODE, Arts. 45, 310

Art. 7.- Dissemination of Public Information.- For the transparency in the administrative management that
They are obliged to observe all the State institutions that make up the public sector in the
terms of article 118 of the Political Constitution of the Republic and other entities indicated in the
Article 1 of this Law, will disseminate through an information portal or website, as well as
of the necessary means available to the public, implemented in the same institution, the
following minimum updated information, which for the purposes of this Law, is considered to be
mandatory nature:
a) Functional organic structure, legal basis that governs it, regulations and internal procedures
applicable to the entity; the goals and objectives of the administrative units in accordance with their
operational programs;
b) The complete directory of the institution, as well as its staff distribution;
c) The monthly remuneration per position and any additional income, including the system of
compensation, as established by the corresponding provisions;
d) The services offered and the ways to access them, hours of operation and others
necessary indications, so that citizens can exercise their rights and fulfill their
obligations;
e) Full text of all collective agreements in force in the institution, as well as their annexes and
reforms;
f) The application forms or formats that are required for the procedures will be published
inherent to its field of action;
g) Total information on the annual budget administered by the institution, specifying income,
expenses, financing and operating results in accordance with budget classifiers,
as well as budget settlement, specifying recipients of the delivery of public resources;
h) The results of the internal and governmental audits for the budget year;
i) Complete and detailed information on pre-contractual, contractual, and
adjudication and liquidation, of the contracting of works, acquisition of goods, provision of
services, commercial leases, etc., entered into by the institution with natural persons or
legal, including concessions, permits or authorizations;
j) A list of companies and individuals that have breached contracts with said institution;
k) Plans and programs of the institution in execution;
l) The detail of the external or internal credit contracts; the source of the funds will be indicated with
those who will pay those credits. When it comes to loans or financing contracts,
shall state, as provided by the Organic Law of Financial Administration and Control, Organic Law
of the Office of the Comptroller General of the State and the Organic Law of Fiscal Responsibility and Transparency,
credit operations and contracts, amounts, term, financial costs or interest rates;
m) Mechanisms of accountability to citizens, such as goals and management reports and
indicators of performance;
n) Travel expenses, work reports and supporting documents for national or international mobilization of the
authorities, dignitaries and public officials;
o) The name, office address, postal box and email address of the person responsible for
attend to the public information that this Law deals with;
p) The Judicial Branch and the Constitutional Court, additionally, will publish the full text of the
enforceable judgments, produced in all its jurisdictions;
q) The State control bodies, additionally, will publish the full text of the
finalized resolutions, as well as their reports, produced in all their jurisdictions;
r) The Central Bank, additionally, will publish the indicators and relevant information of its
competition in a way that is affordable and easy to understand for the general population;
s) The sectional organizations will promptly inform the citizens of the resolutions that

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adopt, by publishing the minutes of the respective sessions of these bodies
members, as well as their local development plans; Y,
t) The Contentious Administrative Court, additionally, will publish the full text of its
Enforceable judgments, produced in all its jurisdictions.
The information must be published, organizing it by themes, items, sequential order or
chronological, etc., without grouping or generalizing, in such a way that the citizen can be informed
correctly and without confusion.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 225
ORGANIC CODE OF PLANNING AND PUBLIC FINANCE, COPFP, Arts. 8, 30, 48, 124, 133, 141, 176
ORGANIC LAW OF PUBLIC COMPANIES, LOEP, Arts. 26, 45
ORGANIC LAW OF THE NATIONAL PUBLIC HIRING SYSTEM, Arts. 17, 21, 97
WORK CODE, Arts. 42, 253
ORGANIC LAW OF JURISDICTIONAL GUARANTEES AND CONSTITUTIONAL CONTROL, Arts. 93, 115
ORGANIC LAW OF THE GENERAL COMPTROLLER OF THE STATE, Arts. 26, 31
ORGANIC CODE OF TERRITORIAL ORGANIZATION, COOTAD, Arts. 176, 215, 221, 324, 467

Art. 8 .- Promotion of the Right of Access to Information .- All entities that make up the
public sector in the terms of article 118 of the Political Constitution of the Republic and others
Entities indicated in article 1 of this Law, will implement, according to their competencies and
budgetary possibilities, dissemination and training programs aimed at both servers
public, such as civil society organizations, in order to guarantee greater and greater
better citizen participation in the life of the State.
Universities and other institutions of the educational system will develop training programs
activities of knowledge, diffusion and promotion of these rights. Education centers
fiscal, municipal and in general all those that make up the basic education system, will integrate into
their curricula content for the promotion of citizens' rights to information and
communication, particularly access to public information, habeas data and protection.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 88, 91, 92, 225, 234, 350, 377, 387
ORGANIC LAW OF PUBLIC COMPANIES, LOEP, Arts. twenty
ORGANIC LAW OF PUBLIC SERVICE, LOSEP, Arts. 51, 70

Art. 9 .- Responsibility for the delivery of Public Information.- The owner of the entity or
legal representative, will be responsible and will guarantee sufficient and necessary attention to the
public information publicity, as well as your freedom of access.
Your responsibility will be to receive and answer requests for access to information, within the term
peremptory period of ten days, which can be extended for five more days, for duly reasons
justified and informed to the petitioner.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 233
ORGANIC LAW OF THE GENERAL COMPTROLLER OF THE STATE, Arts. 5, 45, 52, 56, 73
CIVIL CODE (BOOK IV), Arts. 2033
ORGANIC LAW OF THE NATIONAL PUBLIC HIRING SYSTEM, Arts. 17
ORGANIC LAW OF PUBLIC COMPANIES, LOEP, Arts. fifteen

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ORGANIC LAW OF PUBLIC SERVICE, LOSEP, Arts. 41

Art. 10.- Custody of the Information.- It is the responsibility of public institutions, people
legal entities of public law and other entities indicated in article 1 of this Law, create and
maintain public records in a professional manner, so that the right to information can be
exercise to the full, therefore, in no case will the absence of technical standards in the
management and filing of information and documentation to prevent or hinder the exercise of
access to public information, worse still its destruction.
Those who administer, handle, archive or preserve public information, will be personally
responsible, jointly and severally with the authority of the agency to which said
information and / or documentation, for the civil, administrative or criminal consequences to which
there may be a place, due to their actions or omissions, in the concealment, alteration, loss and / or
dismemberment of documentation and public information. Original documents must
remain in the dependencies to which they belong, until they are transferred to the archives
generals or National Archives.
The time of conservation of public documents, will be determined by the Law of the File System
National and the provisions that regulate the conservation of confidential public information.
The documents of an institution that disappears, will go under inventory to the National Archive and
in the event of an inter-institutional merger, the new entity will be responsible for that.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 92
CIVIL CODE (BOOK I), Arts. 564
CIVIL CODE (BOOK IV), Arts. 1527, 1543
ORGANIC LAW OF THE GENERAL COMPTROLLER OF THE STATE, Arts. 53, 77
ORGANIC LAW OF PUBLIC SERVICE, LOSEP, Arts. 22, 102, 110
ORGANIC CODE OF PLANNING AND PUBLIC FINANCE, COPFP, Arts. 152, 156, 179
ORGANIC CODE OF TERRITORIAL ORGANIZATION, COOTAD, Arts. 324

Art. 11.- Surveillance and Promotion of the Law.- Without prejudice to the right that the laws assign to others.
public institutions to request information and the powers conferred by their own legislation,
corresponds to the Ombudsman's Office, the promotion, surveillance and guarantees established in this
Law. It will have the following powers:
a) Be the promoter of the exercise and fulfillment of the right of access to information
public;
b) Monitor compliance with this Law by public institutions, legal entities of
public or private law and other entities indicated in article 1 of this Law;
c) Ensure that public documentation is filed under the guidelines provided in this matter.
the Law of the National Archives System;
d) Precaution that the quality of the information disseminated by public sector institutions,
contribute to the fulfillment of the objectives of this Law;
e) Prepare annually the consolidated national evaluation report, based on the
information published on the portals or web pages, as well as all the suitable means that
maintain all institutions and legal persons of public or private law, subject to this
Law;
f) Promote or sponsor at the request of any natural or legal person or on their own initiative,
judicial actions for access to public information, when it has been denied; Y,
g) Inform the National Congress on a biannual basis, the index list of all the information

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classified as reserved.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 215
ORGANIC LAW OF THE GENERAL COMPTROLLER OF THE STATE, Arts. 17, 39, 76
ORGANIC LAW OF JURISDICTIONAL GUARANTEES AND CONSTITUTIONAL CONTROL, Arts. 47, 50
ORGANIC CODE OF PLANNING AND PUBLIC FINANCE, COPFP, Arts. 156

Art. 12 .- Presentation of Reports.- All public institutions, legal persons of law
public or private and other entities indicated in article 1 of this Law, through its owner or
legal representative, they will present to the Ombudsman's Office, until the last working day of the month of
March each year, an annual report on compliance with the right of access to information
public, which will contain:
a) Information from the previous period on compliance with the obligations assigned by this Law;
b) Details of the requests for access to information and the procedure given to each of them; Y,
c) Updated semi-annual report on the index list of reserved information.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 225
ORGANIC LAW OF THE GENERAL COMPTROLLER OF THE STATE, Arts. 76
CIVIL CODE (BOOK I), Arts. 570

Art. 13.- Lack of clarity in the Information.- When it is demonstrated by any
citizen, that there is ambiguity in the handling of information, expressed in the portals
IT, or in the information that is disseminated in the institution itself, it may be required
the correction in the diffusion personally, if not, the intervention of the
Ombudsman for the purposes of correcting and providing greater clarity and systematization, in the
organization of this information.
The Ombudsman will issue the necessary corrective measures of mandatory application to the
information that is disseminated; To this end, the institution will provide ample and sufficient facilities, so
penalty of dismissal, after an administrative summary, of the authorities that fail to comply with their obligation
to disseminate institutional information correctly. The sanction issued by the Ombudsman
People, it will be executed immediately by the appointing authority.
Concordances:
ORGANIC LAW OF THE NATIONAL PUBLIC HIRING SYSTEM, Arts. 72
CIVIL CODE (BOOK IV), Arts. 1468, 1469
ORGANIC LAW OF JURISDICTIONAL GUARANTEES AND CONSTITUTIONAL CONTROL, Arts. 49, 50

Art. 14.- Of the National Congress.- In addition to the information indicated in this Law, the Congress
Nacional will publish and update weekly on its website, the following:
a) The complete texts of all bills that are presented to the National Congress,
indicating the Permanent Specialized Commission assigned, the date of presentation, the code; Y,
the name of the project sponsor; Y,
b) A list of bills that have been assigned to each Specialized Commission
Permanent.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 132, 137

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Art. 15.- Of the Supreme Electoral Tribunal.- In addition to the information indicated in this Law, the
Supreme Electoral Tribunal, within sixty days, counted from the date of receipt
of the electoral spending reports, presented by the directors of the different campaigns
electoral, political groups or candidates, you must publish on your website the amounts
received and spent in each campaign.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 219
ORGANIC ELECTORAL LAW, DEMOCRACY CODE, Arts. 25, 211, 212, 230

Art. 16.- Public Information of Political Parties.- All political parties and organizations
that receive resources from the State, must annually publish in electronic form, their reports
on the detailed use of the funds allocated to them.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 297
ORGANIC ELECTORAL LAW, DEMOCRACY CODE, Arts. 215, 228, 230

TITLE THREE
OF THE RESERVED INFORMATION AND
CONFIDENTIAL
Art. 17.- Reserved Information.- The right to access public information does not apply,
exclusively in the following cases:
a) Documents classified in a reasoned manner as reserved by the Security Council
National, for reasons of national defense, in accordance with article 81, third paragraph, of the
Political Constitution of the Republic and which are:
1) The plans and orders of national defense, military, mobilization, special operations and
military bases and installations in the face of possible threats against the State;
2) Information in the field of intelligence, specifically the plans, operations and reports of
intelligence and against military intelligence, provided there is national commotion;
3) Information on the location of the military material when it does not pose a danger to the
population; Y,
4) The funds of reserved use exclusively destined for national defense purposes; Y,
b) The information expressly established as reserved in current laws.
Concordances:
ORGANIC LAW OF JURISDICTIONAL GUARANTEES AND CONSTITUTIONAL CONTROL, Arts. 47

Art. 18.- Protection of Reserved Information.- Information previously classified as
reserved, it will remain as such until a period of fifteen years from its classification. The
Reserved information will be declassified when the causes that gave rise to its
classification. The reservation period on certain documentation will be extended as long as
remain and the causes that gave rise to their classification are justified.
The National Security Council, in cases of reservation for reasons of national security and the
holders of public institutions, will be responsible for classifying and declassifying information
in accordance with this Law. The reservation classification may not be made after the

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information request.
The reserved information that is made public before the expiration of the term of the reservation or
In a manner other than that provided for in the preceding paragraph, it may cause civil liability,
administrative and / or criminal depending on the case, of the person who by his function has violated the reservation.
The public institutions will elaborate every six months by subject, an index of the files
classified as reserved. In no case will the index be considered as information
reserved. This index of reserved information will detail: date of resolution and period of validity
of this classification.
The information reserved on matters of national security can only be declassified by the
National Security Council. The information classified as reserved by the holders of the
entities and institutions of the public sector, may be declassified at any time by the
National Congress, with the favorable vote of the absolute majority of its members, in session
reserved.
TITLE FOUR
OF THE ADMINISTRATIVE PROCESS TO ACCESS THE
PUBLIC INFORMATION
Art. 19.- On the Request and its Requirements.- The interested party to access the public information that
The legal entities of public law and other entities indicated in
Article 1 of this Law, must do so by means of a written request to the owner of the
institution.
Said request must clearly state the identification of the applicant and the location of the
data or subjects reason for the request, which will be answered within the period indicated in article 9 of
this law.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 92
ORGANIC LAW OF JURISDICTIONAL GUARANTEES AND CONSTITUTIONAL CONTROL, Arts. fifty

Art. 20.- Limits of the Publicity of the Information.- The request of access to the information does not
implies the obligation of public administration entities and other entities indicated in the
Article 1 hereof. Law, to create or produce information, with which they do not have or do not have
obligation to count at the time of ordering. In this case, the institution or entity,
will communicate in writing that the denial of the request is due to the lack of data in its
power of attorney, regarding the requested information. This Law also does not empower the petitioners to demand
the entities that carry out evaluations or analysis of the information they possess, except those that
for their institutional objectives should produce.
The production of information, the compilation or compilation of information that
was dispersed in the various departments or areas of the institution, for the purpose of
provide summaries, statistical figures or indexes requested by the petitioner.
Art. 21.- Denial of Information.- Denial of access to information or lack of
Answer to the request, within the period indicated in the law, will give rise to administrative appeals,
pertinent judicial and constitutional laws and, to the imposition of the civil servants, of the sanctions
established in this Law.
Concordances:
ORGANIC LAW OF JURISDICTIONAL GUARANTEES AND CONSTITUTIONAL CONTROL, Arts. 47

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TITLE FIVE
OF THE RESOURCE OF ACCESS TO INFORMATION
Art. 22 .- The right of access to information will also be guaranteed in a judicial instance by the
resource of access to information, stipulated in this Law, without prejudice to the amparo action
constitutional:
Any person to whom
information of any kind to which it refers has been tacitly or expressly denied
this Law, either due to the refusal of the information, or due to incomplete, altered and
even false that they have provided, even if the refusal is based on the character
reserved or confidential of the requested information.
The resource for access to information may be filed before any civil judge or court of law.
instance of the domicile of the holder of the required information.
The Access to Information Resource will contain:
a) Identification of the appellant;
b) Foundations of fact and law;
c) Indication of the authority of the entity subject to this Law, which denied the information; Y,
d) The legal claim.
The judges or the court, will warrant knowledge within a term of forty-eight hours, without
there is any cause that justifies their inhibition, except for the non-observance of the required solemnities
in this Law.
The judge or court on the same day that the Access to Information Appeal is raised,
will summon for a single time and by means of written communication, the parties to be heard in
public hearing to be held within the subsequent twenty-four hours.
The respective resolution must be issued within a maximum term of two days, counted from the date
in which the hearing took place, even if the owner of the information did not attend it.
The appeal is admitted for processing, the representatives of the entities or natural persons acted on,
they will deliver to the judge within eight days, all the required information.
In the case of reserved or confidential information, it must be demonstrated documented and
motivated, with the index list the legal and correct classification in the terms of this Law.
the classification of reserved or confidential is fully justified, the judge or court will confirm the
refusal of access to information.
In the event that the judge determines that the information does not correspond to that classified as reserved
or confidential, in the terms of this Law, will provide the delivery of said information to the
recurring, within twenty-four hours. From this resolution you may appeal to the Court
Constitutional authority that alleges that the information is reserved or classified.
Within the resource of access to information, established by denial of access to information
public, by complaint or ex officio, when the information is at risk of concealment,
disappearance or destruction, the judge ex officio or at the request of a party, will dictate any of the following
precautionary measures:
a) Placement of security seals on the information; Y,
b) Apprehension, verification or reproduction of the information.

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For the application of the precautionary measures mentioned above, the judge may order the intervention
of the public force.
If the answer is considered insufficient, at the request of a party, the judge may order the verification
direct from him to the corresponding files, for which, the requested person will facilitate access
of the appellant to the sources of information, designating for such diligence the concurrence of
experts, if necessary.
From the resolution to the access to information adopted by the civil judge or the court of first instance, it is
may appeal to the Constitutional Court, to confirm or revoke the appealed resolution. The
appeal, will be filed within the following three business days, will be granted with
Refundable effect, except in the case of appeals derived from access to information
reserved or confidential.
Once the appeal is denied by the judge or Constitutional Court, the precautionary measures will cease.
The Constitutional Control Law will be a supplementary rule in the processing of this appeal.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 87, 88
ORGANIC LAW OF JURISDICTIONAL GUARANTEES AND CONSTITUTIONAL CONTROL, Arts. 39, 41, 47
CIVIL CODE (PRELIMINARY TITLE), Arts. 28
CIVIL CODE (BOOK I), Arts. 570
CIVIL PROCEDURE CODE, Arts. 907, 909, 921, 922

TITLE SIX
OF THE SANCTIONS
Art. 23.- Sanction of public and private officials and / or employees.- Officials of the
Public Administration entities and other entities indicated in article 1 of this Law,
who incur in acts or omissions of illegitimate denial of access to public information,
this being understood as information that has been totally or partially denied either by
incomplete, altered or false information that they provided or should have provided, will be
sanctioned, according to the seriousness of the offense, and without prejudice to the civil and criminal actions to which
where applicable, as follows:
a) Fine equivalent to the remuneration of one month's salary or salary that is received at the
date of the sanction;
b), Suspension of their functions for a period of thirty calendar days, without the right to salary or
remuneration for the same period; Y,
c) Dismissal from office in the event that, despite the fine or suspension imposed, persists
in the refusal to deliver the information.
These sanctions will be imposed by the respective authorities or nominating entities.
In the case of prefects, mayors, councilors, councilors and members of parochial boards, the
sanction will be imposed by the respective corporate entity.
The legal representatives of the legal persons of private law or the natural possessors
of public information that prevent or refuse to comply with the judicial decisions to this
In this regard, they will be sanctioned with a fine of one hundred to five hundred dollars for each day of
failure to comply with the resolution, which will be settled by the competent judge and recorded in its
dispatched by the sanctioned person, without prejudice to any civil or criminal responsibilities
place.

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The sanctions will be imposed once the respective resource for access to information has been concluded.
established in article 22 of this Law.
The removal of the authority, or of the official who fails to comply with the resolution, does not exempt who
replace immediate compliance with such resolution under the prevention determined in this
Article.
Concordances:
CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 233
ORGANIC LAW OF THE GENERAL COMPTROLLER OF THE STATE, Arts. 5, 45, 47, 48

CIVIL CODE (BOOK IV), Arts. 1527, 1543, 2033
ORGANIC CODE OF PLANNING AND PUBLIC FINANCE, COPFP, Arts. 181
ORGANIC LAW OF THE NATIONAL PUBLIC HIRING SYSTEM, Arts. 99
ORGANIC LAW OF PUBLIC COMPANIES, LOEP, Arts. 15, 26
ORGANIC LAW OF PUBLIC SERVICE, LOSEP, Arts. 41

GENERAL LAYOUT
The Constitutional Court, within a term not exceeding ninety days, from receipt
of the process, will dispatch and resolve the resources of access to the information filed.
TRANSITORY DISPOSITIONS
FIRST.- Resources related to access to public information are exempt from the
payment of the Judicial Fee.
SECOND.- Internet portals must be implemented by the entities of the
Public Administration and other entities indicated in article 1 of this Law, within the term
peremptory of one year, counted from the publication of this Law in the Official Registry. The
Regulation of this Law, will regulate the technical guidelines that allow uniformity,
interaction, easy location and access of this information.
THIRD.- The Office of the Ombudsman, within a period of six months from the date of
promulgation of this Law, will adopt the administrative, technical and budgetary measures
for the full fulfillment of the responsibility that this Law assigns to it.
FOURTH.- Within a period of no more than six months from the effective date of this Law, all
Public Administration entities and other entities indicated in article 1 of this Law,
must prepare the index list of all the information that to date is classified
as reserved, as long as it is immersed in some of the exceptions
contemplated in article 17 of this Law. Information that is not subject to these
exceptions, it must be declassified within the peremptory period of two months.
As of the date of publication of this Law in the Official Registry, all classified information
as restricted access, that is over fifteen years old, must be declassified and opened
freely to the public.
FIFTH.- Within a period of ninety days from the promulgation of this Law, the
President of the Republic will issue the regulations for the application of the same.
SIXTH.- Within a period of no more than one hundred and eighty days, the System Law will be amended.
National Archives, harmonizing its provisions with the pertinent norms contained in this
Law. The National Archives System is entrusted with the pertinent training for all officials.

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of the entities of the Public Administration and other entities indicated in article 1 of the
present Law.
FINAL DISPOSITION
This Law has the character of Organic and prevails over all those that oppose it, it will enter
in force as of its publication in the Official Registry.

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