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DECREE 57-2008

DECREE NUMBER 57-2008

THE CONGRESS OF THE REPUBLIC OF GUATEMALA

CONSIDERING:
That the Political Constitution of the Republic of Guatemala, within its purposes, considers life, liberty and security of the
people as purposes of the State, having the person as the subject and purpose of the social order, organizing themselves so that it achieves its
full development and the welfare of all citizens is achieved.

CONSIDERING:
That public officials and employees are simple depositaries of the power that emanates from the people; that the constitutional text
determines that sovereignty resides in the people who delegate it for its exercise in State agencies and that no
official, public employee or any person is superior to the law.

CONSIDERING:
That the Magna Carta establishes with absolute determination the publicity of the acts and the information held by the administration
public, as well as free access to all institutions / agencies and archives of the same, with no exceptions other than those
provided for in the aforementioned constitutional text.

CONSIDERING:
That to harmonize the right of people to access information held by the public administration and all acts,
entities and institutions that manage State resources under any concept, it is necessary to issue the norms that develop
these constitutional principles in order to have a legal regulatory framework that guarantees the exercise of those rights and
that establishes the exceptions of confidential and reserved information, so that it is not left to the discretion and discretion of
any person.

CONSIDERING:
That in harmony and consonance with what has been previously considered, based on the constitutional text of Guatemala and the
international instruments on human rights signed and in force in the country, it is necessary to issue a law that
developing those rights define the principles, objectives, procedures and in general those aspects necessary to give
security and certainty to all people, managing to make effective their right to access public information and their
participation within the social audit citizen oversight towards all officials, public employees, agencies
institutions and in general towards anyone who manages, uses, administers or has resources of the State of Guatemala.

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.

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DECREE 57-2008

THEREFORE:
In use of the powers granted by article 171 literal a) of the Political Constitution of the Republic of Guatemala,

DECREE:
The next:

LAW ON ACCESS TO PUBLIC INFORMATION

TITLE ONE

FIRST CHAPTER
GENERAL DISPOSITION
ARTICLE 1. Object of the Law.
The present law aims to:
1. Guarantee to all interested persons, without any discrimination, the right to request and have access to public information
in possession of the authorities and subjects bound by this law;
2. Guarantee every individual person the right to know and protect the personal data that is contained in files
state, as well as their updates;
3. Guarantee the transparency of the public administration and the obligated subjects and the right of everyone to have access
free to public information;
4. Establish as mandatory the principle of maximum publicity and transparency in the public administration and for the subjects
required by this law;
5. Establish, by way of exception and in a limiting manner, the cases in which access to public information is restricted;
6. Encourage by the State the rendering of accounts to the governed, so that they can audit the performance of the
public administration;
7. Guarantee that everyone has access to the acts of the public administration.

ARTICLE 2. Nature.
This law is of public order, of national interest and social utility; establishes the rules and procedures to guarantee
any person, natural or legal, access to information or acts of the public administration found in the archives,
files, records, database, bank or any other form of data storage found in State agencies,

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.

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municipalities, autonomous and decentralized institutions and private entities that receive, invest or administer funds
public, including trusts constituted with public funds, public works or services subject to concession or administration.

ARTICLE 3. Principles.
This law is based on the principles of:
1) Maximum publicity;
2) Transparency in the management and execution of public resources and acts of public administration;
3) Free access to public information;
4) Simplicity and speed of procedure.

ARTICLE 4. Scope of application.
All information related to the right of free access to information contained in records, files, files, banks, or
any other form of storage of public information, in custody, deposit or administration of the obligated subjects, is
It shall be governed by what is established in the Political Constitution of the Republic of Guatemala and this law.

ARTICLE 5. Active subject.
It is any individual or legal person, public or private, who has the right to request, have access and obtain public information
that you have requested in accordance with the provisions of this law.

ARTICLE 6. Obliged subjects.
It is any individual or legal person, public or private, national or international of any nature, institution or entity of the
State, body, body, entity, agency, institution and any other that manages, administers or executes public resources,
property of the State, or acts of the public administration in general, which is obliged to provide the public information that is
request, within which the following list is included, which is illustrative and not limitative:
1. Executive Organism, all its dependencies, centralized, decentralized and autonomous entities;
2. Legislative Organism and all the dependencies that integrate it;
3. Judicial Organism and all the dependencies that integrate it;
4. All centralized, decentralized and autonomous entities;
5. Constitutional Court;
6. Supreme Electoral Tribunal;
7. Comptroller General of Accounts;

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.

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8. Public Ministry;
9. Office of the Attorney General of the Nation;
10. Attorney for Human Rights;
11. Institute of Public Criminal Defense;
12. National Institute of Forensic Sciences of Guatemala;
13. National Registry of Persons;
14. Municipal Development Institute;
15. Guatemalan Institute of Social Security;
16. Institute of Military Forecast;
17. Departmental Governments;
18. Municipalities;
19. Urban and Rural Development Councils;
20. Bank of Guatemala;
21. Monetary Board;
22. Superintendency of Banks;
23. Autonomous Sports Confederation of Guatemala, national and departmental sports federations and associations that
integrate it;
24. Guatemalan Olympic Committee;
25. University of San Carlos de Guatemala;
26. Superintendency of Tax Administration;
27. Superintendency of Telecommunications;
28. State companies and private entities that exercise public functions;
29. Non-Governmental Organizations, foundations and associations that receive, administer or execute public funds;
30. All entities of any nature that have as a source of income, either totally or partially, resources,
subsidies or contributions from the State;
31. Private companies who have been granted by permission, license, concession or any other way
contractual exploitation of a State asset;
32. International public or private organizations and entities that receive, manage or administer public funds or resources;
33. The trustees and settlors of the trusts that are constituted or administered with public funds or from
of loans, agreements or international treaties signed by the Republic of Guatemala;
34. Individual or legal persons of any nature who receive, manage or administer public funds or resources
for any concept, including so-called proprietary or similar funds;
35. Committees, boards, associations authorized by law for the collection and management of funds for public purposes and
social benefit, who receive contributions or donations from the State.
In cases where specific laws regulate or establish reservations or guarantees of confidentiality, the

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.

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same for the application of this law.

ARTICLE 7. Updating of information.
Obliged subjects must update their information within a period of no more than thirty days, after a change occurs.

ARTICLE 8. Interpretation.
The interpretation of this law will be done in strict accordance with the provisions of the Political Constitution of the Republic of Guatemala,
the Law of the Judicial Organism, the international treaties and conventions ratified by the State of Guatemala, prevailing in
at all times the principle of maximum publicity.
The provisions of this law shall be interpreted in such a way as to ensure adequate protection of the rights recognized therein and
the effective functioning of its guarantees and defenses.

ARTICLE 9. Definitions.
For the purposes of this law, it is understood by:
1.
Personal data: Those relating to any information concerning identified or identifiable natural persons.
two.
Sensitive data or sensitive personal data: Those personal data that refer to the physical or moral characteristics
of people or facts or circumstances of their private life or activity, such as personal habits, racial origin,
ethnic origin, political ideologies and opinions, religious beliefs or convictions, physical or mental health states,
sexual preference or life, moral and family situation or other intimate matters of a similar nature.
3. Right of access to public information: The right that everyone has to have access to the information generated,
administered or in the power of the obligated subjects described in this law, in the terms and conditions thereof.
4. Habeas data: It is the guarantee that every person has to exercise the right to know what is contained in files, files,
records or any other form of public records, and the purpose for which this information is dedicated, as well as its protection,
correction, rectification or update. Non-identifiable impersonal data, such as demographic data
collected to maintain statistics, they are not subject to the habeas data or personal data protection regime of the present
law.
5. Confidential information: It is all information in the power of the obligated subjects that by constitutional mandate, or provision
express of a law has restricted access, or has been delivered by individual or legal persons under the guarantee of
confidentiality.
6. Public information: It is the information in the possession of the obligated subjects contained in the files, reports, studies, minutes,
resolutions, offices, correspondence, agreements, directives, guidelines, circulars, contracts, agreements, instructions, notes,
memoranda, statistics or any other record that documents the exercise of the powers or the activity of the subjects
obligated parties and their public servants, regardless of their source or date of production. The documents may be in any medium
is written, printed, audible, visual, electronic, computerized or holographic and that is not confidential or classified as
temporarily reserved.
7. Reserved information: It is public information whose access is temporarily restricted by express provision
of a law, or has been classified as such, following the procedure established in this law.

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.

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8. Maximum publicity: It is the principle that all information in the possession of any obligated subject is public. It cannot be
reserved or limited except by constitutional or legal provision.
9. National security: These are all those matters that are part of the State's policy to preserve the physical integrity of the
nation and its territory in order to protect all the elements that make up the State from any aggression produced by groups
belligerent foreigners or nationals, and those that refer to the survival of the Nation-State against other States.

CHAPTER TWO
TRANSPARENCY OBLIGATIONS
ARTICLE 10. Public information ex officio.
The Obliged Subjects must keep, updated and available, at all times, in accordance with their functions and available
of any interested party, at least, the following information, which may be consulted directly or through the
electronic portals of each obligated subject:
1. Organizational structure and functions of each of the dependencies and departments, including their regulatory framework;
2. Address and telephone numbers of the entity and of all the dependencies that comprise it;
3. Directory of employees and public servants, including phone numbers and official email addresses not
private; Obligated subjects are exempt from this obligation when the national security system, the
criminal investigation and intelligence of the State;
4. Number and name of officials, public servants, employees and advisers who work in the obligated subject and all their
dependencies, including salaries that correspond to each position, fees, allowances, bonuses, travel expenses or any other remuneration
economic that they receive for any concept. Obligated subjects are exempt from this obligation when it is put into
risk the national security system, criminal investigation and intelligence of the State;
5. The mission and objectives of the institution, its annual operating plan and the results obtained in fulfilling them;
6. Procedures manuals, both administrative and operational;
7. Information on the income and expenditure budget assigned for each fiscal year; the programs whose elaboration
and / or execution are at your expense and all modifications made to it, including internal transfers and
external;
8. The monthly budget execution reports of all lines and of all units, both operational and
administrative of the entity;
9. Detailed information on the deposits constituted with public funds from ordinary income,
extraordinary, taxes, private funds, loans and donations;
10. The information related to the quotation and bidding processes for the acquisition of goods that are used for the
education, health, security, rural development programs and all those that have within their characteristics the delivery of
said goods to direct or indirect beneficiaries, indicating the quantities, unit prices, amounts, lines
corresponding budgets, the characteristics of the suppliers, the details of the adjudication processes and the content
of contracts;
11. Information on contracting of all goods and services that are used by the obliged subjects, identifying
the amounts, unit prices, costs, the corresponding budget lines, the characteristics of the suppliers, the
details of the award processes and the content of the contracts;
12. List of national and international trips authorized by the obligated subjects and that are financed with public funds,
either for public officials or for any other person, including travel targets, personnel authorized to travel,
destination and costs, both for air tickets and per diem;

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.

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13. The information related to the inventory of movable and immovable property available to each of the subjects bound by
this law for the fulfillment of its powers;
14. information on the maintenance contracts of equipment, vehicles, buildings, plants and facilities of all subjects
obligated, including amount and term of the contract and supplier information;
15. The amounts assigned, the access criteria and the lists of beneficiaries of the subsidy, scholarship or
transfers granted with public funds;
16. Information related to contracts, licenses or concessions for the usufruct or exploitation of State assets;
17. The lists of companies prequalified for the execution of public works, sale of goods and provision of services
of any nature, including the information related to the company name, authorized capital and the corresponding information
to the line for which they were prequalified;
18. the list of works in progress or executed totally or partially with public funds, or with resources from
loans granted to any of the State entities, indicating the exact location, the total cost of the work, the source of
financing, execution time, beneficiaries, executing company or entity, name of the official responsible for the work,
content and specifications of the corresponding contract;
19. Leasing contracts for real estate, equipment, machinery or any other good or service, specifying the
characteristics of the same, reasons for the lease, general data of the lessee, amount and term of the contracts;
20. Information on all contracts carried out through the quotation and bidding processes and their contracts
respective, identifying the operation number corresponding to the electronic systems of registration of hiring of
goods or services, award date, supplier name, awarded amount, contract term and approval date of the
respective contract;
21. Total destination of the exercise of the resources of the trusts constituted with public funds, including the information
related to the quotes or bids made for the execution of said resources and administrative and operating expenses of the
escrow;
22. The list of direct purchases made by the dependencies of the obligated subjects;
23. The final reports of the governmental or private audits carried out on the obligated subjects, according to the periods
corresponding review;
24. In the case of public or private international entities that handle or administer public funds, they must
make public the mandatory information contained in the previous paragraphs, related only to purchases and
contracts that they carry out with said funds;
25. In the case of non-governmental or private entities that manage or administer public funds, they must do
public the mandatory information contained in the previous numerals, related only to purchases and contracts that
carry out with said funds;
26. Those responsible for the files of each of the obligated subjects must publish, at least once a year, and
through the Diario de Centro América, a report on; the operation and purpose of the file, its registration systems and
categories of information, procedures and access facilities to the file;
27. The index of the information duly classified according to this law;
28. State entities and institutions must maintain an updated report on the data related to membership
sociolinguistics of the users of its services, in order to adapt their provision;
29. Any other information that is useful or relevant to comply with the purposes and objectives of this law.

ARTICLE 11. Ex officio public information of the Executive Branch.

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.

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The Executive Branch, in addition to the ex officio public information contained in this law, must make public at least the
following:
1. The exercise of its budget assigned by ministry, vice ministry, general directorates and decentralized institutions;
2. The list of advisers, with their respective salaries from each of the institutions mentioned in paragraph
previous,
3. The report of the expenses and per diem of the delegations of each institution abroad, as well as the destination, objectives and
achievements achieved.

ARTICLE 12. Public information ex officio of the Judicial Organism.
The Judicial Organism, in addition to the ex officio public information contained in this law, must make public at least the
following:
1. Convictions handed down with res judicata authority for human rights crimes and against humanity;
2. Convictions with the authority of res judicata, for crimes in the case of handling public funds;
3. Convictions with res judicata authority for crimes committed by public officials and employees;
4. The exercise of its budget assigned to the Supreme Court of Justice, Appeals Chambers, Courts of First Instance
of Execution and Sentencing, and Courts of Peace throughout the country;
5. The list of advisers with their respective salaries from each of the courts mentioned in the previous paragraph;
6. The report of the expenses and per diem of the delegations of each institution abroad, as well as the destination, objectives and
achievements achieved.

ARTICLE 13. Public information ex officio of the Legislative Organism.
The Congress of the Republic of Guatemala, in addition to the ex officio public information contained in this law, must make
public at least the following:
1. The exercise of its budget assigned by legislative block and commission;
2. The list of advisers and assistants to the Board of Directors, legislative blocks, benches, commissions and deputies with their
respective remunerations;
3. The draft agenda of the ordinary and extraordinary sessions in the plenary and commissions, with twenty-four hours of
anticipation;
4. Initiatives of law;
5. The opinions issued by each one of the commissions on the initiatives of law;
6. The decrees;
7. The agreements;
8. The operative points;
9. The resolutions;

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.

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10. Minutes of the sessions of the work commissions; Y
11. Diary of the Plenary Sessions.

ARTICLE 14. Public resources.
Non-governmental organizations, foundations, associations and other private entities that administer or
execute public resources, or carry out public collections, in addition to the ex officio public information contained in this law,
you must make the following public:
1. General data of the organization;
2. Agreement or resolution of the authority that authorizes them;
3. Members of the board of directors;
4. Statutes;
5. Objectives; Y
6. Mission and vision;

ARTICLE 15. Use and dissemination of information.
The interested parties will have criminal and civil responsibility for the use, management or dissemination of the public information to which they have access,
in accordance with this law and other applicable laws.

CHAPTER THREE
ACCESS TO PUBLIC INFORMATION
ARTICLE 16. Information access procedure.
Every person has the right to have access to public information in possession of the obligated subjects, when requested by
in accordance with the provisions of this law.

ARTICLE 17. Personal consultation.
Subjects must take all security measures, care and conservation of documents, elements or records of
any nature, property of the obliged subject that were shown or made available for personal consultation; as well as
inform the competent authority of any destruction, impairment or improper use thereof, by any
person.

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.

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ARTICLE 18. Gratuity.
Access to public information will be free, for the purposes of analysis and consultation in the offices of the obliged subject. If he
The interested party requests the obtaining of copies, written reproductions or by electronic means, it will be done in accordance with
established in this law.
The consultation of public information will be governed by the principle of simplicity and gratuitousness. Only reproduction costs will be charged
of the information. The reproduction of the information will enable the State to collect an amount that in no case will be
higher than market costs and that may not exceed the costs necessary for the reproduction of the information.
Obliged subjects should strive to reduce the costs of the delivery of information as much as possible, allowing the consultation
directly from the same or that the individual delivers the materials for reproduction; when such materials are not provided,
will charge the value of them.
Regarding certifications and secretarial copies, will be regulated in accordance with the Law of the Judicial Organism.

CHAPTER FOUR
PUBLIC INFORMATION UNITS
ARTICLE 19. Public Information Units.
The owner of each obligated subject must designate the public servant, employee or internal body that will act as the Unit of
information, and must have a link in all the offices or dependencies that the obliged subject has located nationwide.

ARTICLE 20. Obligations of the Public Information Units.
The Information Units will be in charge of:
1. Receive and process requests for access to public information;
2. Guide those interested in the formulation of requests for public information;
3. Provide for consultation the public information requested by the interested parties or notify the denial of access to it,
reasoning said refusal;
4. Issue a simple or certified copy of the requested public information, provided that it is in the files of the subject.
obliged;
5. Coordinate, organize, administer, guard and systematize the files that contain the public information in his charge,
respecting at all times the legislation on the matter; Y
6. The other obligations indicated in this law.

CHAPTER FIVE
CONFIDENTIAL AND RESERVED INFORMATION
It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.

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ARTICLE 21. Limits of the right of access to information.
Access to public information will be limited in accordance with the provisions of the Political Constitution of the Republic of
Guatemala, which by express provision of a law is considered confidential, the information classified as reserved from
in accordance with this law and those that according to international treaties or conventions ratified by the State of Guatemala
have a reservation clause.

ARTICLE 22. Confidential information.
For the purposes of this law, the following is considered confidential information:
1. The one expressly defined in article twenty-four of the Political Constitution of the Republic of Guatemala;
2. The one expressly defined as confidential in the Law of Banks and Financial Groups;
3. Information classified as professional secret;
4. That which by express provision of a law is considered confidential;
5. Sensitive or sensitive personal data, which may only be known by the owner of the right;
6. Information from individuals received by the obliged subject under the guarantee of confidentiality.
The basis of the classification of confidential will be made known to the individual when resolving, in a negative sense or access
partial, any request for information, allowing access to parts of the information that were not considered as
confidential.

ARTICLE 23. Reserved information.
For the purposes of this law, the following is considered reserved information:
1. Information related to military matters classified as national security;
2. Information related to diplomatic affairs, classified as national security;
3. Information related to intellectual property, industrial property, patents or trademarks held by the authorities; I know
It will be in accordance with the provisions of the international conventions or treaties ratified by the Republic of Guatemala and other laws of the
matter;
4. When the information that is disseminated may cause serious damage or damage to the activities of investigation, prevention or
prosecution of crimes, that related to State intelligence processes or the administration of justice;
5. the judicial files as long as they have not been executed, in accordance with the special laws;
6. information whose dissemination before the adoption of the measure, decision or resolution in question may damage stability
economic, financial or monetary of the country, as well as that related to aspects of surveillance and inspection by
the Superintendency of Banks;
7. The information defined as reserved in the Law for the Comprehensive Protection of Children and Adolescents;
8. The analyzes provided to the President of the Republic aimed at providing the defense and security of the nation as well as
the preservation of public order. The right to access the public information on which the analysis was based may
be exercised before the bodies or entities that have it in their power;

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.
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9. That which is determined as reserved by effect of another law.

ARTICLE 24. Information on human rights.
In no case may the information related to investigations of violations of the regulations be classified as confidential or reserved.
fundamental human rights or crimes against humanity.

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ARTICLE 25. Information classification.
The classification of reserved information will be made by resolution of the highest authority of the obligated subject, which must be
published in the Official Gazette and must indicate the following:
1. The source of the information;
2. The basis for which it is classified;
3. The parts of the documents that are reserved;
4. The reservation period that will not be greater than seven years; Y,
5. The name of the authority responsible for its conservation.
Those resolutions that classify the information as confidential or reserved are void if they do not meet the requirements
established in this law. The appeal for review will be admissible.

ARTICLE 26. Proof of damage.
In the event that the authority bases the classification of reserved or confidential, the information must fully demonstrate the
compliance with the following three requirements.
1. That the information legitimately fits into any of the exceptional cases provided for in this law;
2. That the release of the reference information may effectively threaten the interest protected by law; Y,
3. That the harm or damage that may occur with the release of the information is greater than the public interest of knowing the
reference information.

ARTICLE 27. Reservation period.
The public information classified as reserved, in accordance with this law, will cease to have that character when any
of these situations:
1. That the term of your reservation has elapsed, which will not be greater than seven years from the date of your reservation.
classification;

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in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
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2. The reasons that based its classification as reserved public information cease to exist; or
3. By resolution of the competent court or judicial authority.

ARTICLE 28. Extension of the reservation period.
When the causes that have given rise to the classification of reserved information persist, in accordance with this law, the
Obliged subjects may make the declaration of the extension of the reservation period for up to five more years without it being able to exceed
twelve years the total classification time.
In these cases the appeal for review will be appropriate.

ARTICLE 29. Court order.
Information classified as reserved or confidential must be made available to the authorities in charge of the
Procurement and administration of justice when so requested, by judicial order, provided that this is indispensable and
necessary in a judicial process.

CHAPTER SIX
HÁBEAS DATA
ARTICLE 30. Habeas data.
The obliged subjects will be responsible for the personal data and, in relation to these, they must:
1. Adopt the appropriate procedures to receive and respond to requests for access and correction of data that are,
presented by the owners of the same or their legal representatives, as well as training public servants and giving
know information about their policies in relation to the protection of such data;
2. Manage personal data only when they are adequate, relevant and not excessive, in relation to the purposes for
which have been obtained;
3. Make available to the individual person, from the moment in which personal data is collected, the document in the
that the purposes for its treatment are established;
4. Ensure that personal data are accurate and up-to-date;
5. Adopt the necessary measures to guarantee security, and where appropriate, confidentiality or reservation of personal data and avoid
its alteration, loss, transmission and unauthorized access.
Active subjects may not use the information obtained for commercial purposes, unless expressly authorized by the owner of the
information.

ARTICLE 31. Express consent.

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.

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Obliged subjects may not disseminate, distribute or commercialize the personal data contained in the information systems
developed in the exercise of their functions, unless the express written consent of the individuals has been mediated to
that the information refers to. The State will ensure that if express consent is granted, no
No moment in defect of the will to the detriment of the governed, clearly explaining the consequences of their actions.
The commercialization by any means of sensitive data or sensitive personal data is expressly prohibited.

ARTICLE 32. Exception of consent.
The consent of the owner of the information will not be required to provide personal data in the following cases:
1. Those necessary for statistical, scientific or general interest reasons provided for by law, following a procedure by which no
the personal data can be associated with the individual to whom they refer;
2. When they are transmitted between obliged subjects or between government agencies and entities, as long as the data is
used to exercise their own powers;
3. When there is a court order;
4. Those established in this law;
5. The contents of the public registers;
6. In other cases established by law.
In no case may data banks or files be created with sensitive data or sensitive personal data, unless they are
used for the service and attention of the institution.

ARTICLE 33. Access to personal data.
Without prejudice to the provisions of other laws, only the holders of the information or their legal representatives may request it,
prior accreditation, that they be provided with the personal data that is contained in their files or information system.
This information must be delivered by the obliged subject, within the following ten business days counted from the date of
presentation of the application, in a format understandable to the applicant, or in the same way you must communicate in writing that
the personal data system does not contain those referring to the applicant.

ARTICLE 34. Treatment of personal data.
The owners or their legal representatives may request, prior accreditation, to modify their personal data contained in
any information system. For this purpose, the interested party must submit a request for modifications, indicating the
personal data system, indicate the modifications you wish to make and provide the documentation that motivates your request. The
Obliged subject must deliver to the applicant, within a period not exceeding thirty business days from the presentation of the request, a
resolution stating the modifications or informing you in a substantiated manner, the reasons why no
they proceeded.

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.

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ARTICLE 35. Express refusal.
Against the refusal to deliver or correct personal data, the appeal for review provided for in this law will proceed.

CHAPTER SEVEN
PUBLIC ARCHIVES
ARTICLE 36. Safeguarding of documents.
The public information located and locatable in the administrative files may not be destroyed, altered, modified, mutilated or
be hidden by determination of the public servants that produce, process, administer, archive and protect it, unless
Acts in this sense are part of the exercise of public function and are legally justified.
Failure to comply with this rule will be sanctioned in accordance with this law and other applicable laws.

ARTICLE 37. Administrative files.
In relation to the information, documents and files that are part of the administrative files, they may not in any case
be destroyed, altered or modified without justification. Public servants who fail to comply with this and the previous article of
this law may be removed from office and subject to the provisions of articles 418 Abuse of Authority and 419 Breach of
Duties of the current Penal Code. In the case of individuals who contribute, provoke or incite, directly or indirectly to the
destruction, alteration or modification of historical archives, will apply the crime of depredation of the national patrimony, regulated in the
Penal Code.

SECOND TITLE
PROCEDURE FOR ACCESSING PUBLIC INFORMATION

SINGLE CHAPTER
ARTICLE 38. Procedure for access to public information.
The procedure for accessing public information begins by means of a verbal, written or electronic request that must be
formulate the interested party to the obliged subject, through the Information Unit. The information request model will have the
purpose of facilitating access to public information, but it will not constitute a requirement of origin to exercise the right to
Access to public information.
The person from the Information Unit who receives the request may not claim incompetence or lack of authorization to receive it,
being obliged, under his responsibility, to send it immediately to the corresponding person.
The information access procedure will not prejudice, limit or substitute the right to witness or observe the acts of the
obligated subjects, nor will it limit the right to request information from obligated subjects in the manner contemplated in other laws, nor the
making requests for information that could be made to entities whose nature is advertising to third parties in
where by principle of specialty you must go through the corresponding procedures.

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.

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ARTICLE 39. Electronic information systems.
Obliged subjects will establish as a means of access to public information, among others, electronic information systems.
Under the responsibility of the highest authority, it will guarantee that the information published is reliable and legitimate.
The information published in electronic information systems, among others, must exactly match the information systems
financial, accounting and auditing administration and this must be updated within the terms established in this law.

ARTICLE 40. Response in electronic information systems.
The obliged subjects shall adopt the security measures that allow to provide certainty to the reports sent by messages of
data. In any case, they will keep a record of the original resolutions.

ARTICLE 41. Request for information.
All access to public information will be made at the request of the interested party, in which the following data will be recorded:
1. Identification of the obligated subject to whom it is addressed;
2. Identification of the applicant; Y,
3. Clear and precise identification of the information requested.
The request for information will not be subject to any other formality, nor may the expression of a reason or interest be required.
specific as its requirement.

ARTICLE 42. Response time.
Once the request has been presented and admitted, the Information Unit where it was presented must issue a resolution within ten days
following in any of the senses expressed below:
1. Delivering the requested information;
2. Notifying the refusal of the information when the interested party, within the period granted, has not made the clarifications
requested or rectified the omissions referred to in the previous article;
3. Notifying the denial of the information in whole or in part, when it will be considered as reserved or
confidential; or,
4. Expressing the nonexistence.

ARTICLE 43. Extension of the response time.

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in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
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When the volume and length of the response justifies it, the response period referred to in this law may be
extend up to ten more days, having to inform the interested party within the two days prior to the conclusion of the
term indicated in this law.

ARTICLE 44. Fictitious affirmative.
When the obliged subject does not give any answer in the term and form that is obliged, he will be obliged to grant it to the
interested in a period not exceeding ten days after the expiration of the deadline for the response, at no cost and without
mediate interested party request.
Failure to comply with the provisions of this article will be grounds for criminal liability.

ARTICLE 45. Certainty of delivery of information.
Any request for public information must be subject to a written resolution. In case of extension of the response term
established in this law, or refusal of the information, it must be duly founded and motivated.
Those who request public information will have the right to have it provided in writing or to receive it at their choice by
any other means of reproduction.
The information will be provided in the state in which it is in the possession of the obligated subjects. The obligation does not
It will include the processing of the same, nor the presentation of it according to the interest of the applicant.

TITLE THREE
INTERVENTION OF THE HUMAN RIGHTS ATTORNEY

FIRST CHAPTER
ATTRIBUTIONS
ARTICLE 46. Regulatory authority.
Access to public information as a fundamental human right provided for in the Political Constitution of the Republic of
Guatemala and the international treaties or conventions on this matter ratified by the State of Guatemala, will be protected by the
Human Rights Ombudsman under the terms of the Law of the Human Rights Commission of the Congress of the
Republic and the Human Rights Ombudsman, Decree Number 54-86 of the Congress of the Republic.

ARTICLE 47. Powers of the regulatory authority.
The Human Rights Ombudsman has the powers regarding the right of access to public information provided
in articles 13, 14 and other applicable articles of the Law of the Human Rights Commission of the Congress of the
Republic and the Human Rights Ombudsman, Decree Number 54-86 of the Congress of the Republic.

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.

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ARTICLE 48. Report of the obligated subjects.
Obliged subjects must submit to the Human Rights Ombudsman, a written report corresponding to the year
above, at the latest before the end of the last business day of the following January. The report must contain:
1. The number of requests made to the obliged subject in question and the type of information required;
2. The result of each of the information requests;
3. Your response times;
4. The number of pending applications;
5. The number of requests with extended deadlines;
6. The number of rejected applications;
7. The number of unsatisfied requests for being reserved or confidential information; Y,
8. The number of challenges.
The Human Rights Ombudsman may request, in the cases of numerals 4, 5, 6 and 7, the reasons and the basis that
originated that resolution. The foregoing based on the provisions of article 14, literal i) of the Law of the Commission of the
Human Rights of the Congress of the Republic and of the Human Rights Ombudsman, Decree Number 54-86 of the Congress
of the Republic.

ARTICLE 49. Annual report of the regulatory authority.
The Human Rights Ombudsman in his annual report before the plenary session of the Congress of the Republic of Guatemala,
you can report on:
1. The number of requests for access to information submitted to each obligated subject and their result;
2. The response time;
3. The status of the challenges presented and the difficulties observed in compliance with this law;
4. A diagnosis and recommendations; Y,
5. Its training program, implementation and results for the obligated subjects.

CHAPTER TWO
CULTURE OF TRANSPARENCY
ARTICLE 50. Culture of transparency.
The competent educational authorities will include the issue of the right of access to public information in the study curriculum.

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.

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of the primary, middle and superior levels.

ARTICLE 51. Training.
Obliged subjects must establish permanent updating programs for their public servants in matters of law.
of access to public information and on the right to protection of personal data of individuals, through courses,
workshops, seminars and any pedagogical strategy that is considered pertinent.
The same obligation corresponds to the obliged subjects who are not part of the public administration or the organization of the
Condition.

TITLE FOUR
REVIEW RESOURCE

FIRST CHAPTER
GENERAL DISPOSITION
ARTICLE 52. Appeal for review.
The appeal for review regulated in this law is a means of legal defense that aims to guarantee that in the acts and
resolutions of the obligated subjects the guarantees of legality and legal security are respected.

ARTICLE 53. Competent authority.
The highest authority of each obligated subject will be competent to resolve the appeals for review filed against acts or
resolutions of the obligated subjects referred to in this law, regarding access to public information and habeas data.

CHAPTER TWO
REVIEW PROCEDURE
ARTICLE 54. Appeal for review regarding access to information.
The applicant who has been denied the information or invoked the lack of requested documents, may file, for
himself or through his legal representative, the appeal for review before the highest authority within fifteen days after
the date of the notification.

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
public rental or loan.

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ARTICLE 55. Origin of the appeal for review.
The appeal for review will also proceed under the same terms and deadlines when:
1. The obliged subject does not deliver the requested personal data to the applicant, or does so in an incomprehensible format;
2. The obliged subject refuses to make modifications, corrections or deletions to personal data;
3. The applicant considers that the information provided is incomplete or does not correspond to the information required in the application;
4. In case of lack of response in the terms of this law;
5. Due to the expiration of the period established for the delivery of the requested information;
6. In the cases specifically stipulated in this law.

ARTICLE 56. Simplicity of the procedure.
The highest authority will immediately correct the deficiencies of the recourses filed.

ARTICLE 57. Requirements of the appeal for review.
The request for 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, place or medium indicated 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 other elements that it deems appropriate to submit to the judgment of the highest authority.

ARTICLE 58. Procedure for the appeal for review.
The highest authority will substantiate the appeal for review in accordance with the following guidelines:
1. Once the appeal for review has been filed, the highest authority will finally decide within the following five days;
2. The resolutions of the highest authority will be public.

ARTICLE 59. Sense of the resolution of the highest authority.

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in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
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The resolutions of the highest authority may:
1. Confirm the decision of the Information Unit;
2. Revoke or modify the decisions of the Information Unit and order the agency or entity to allow the individual to
access to the requested information, the delivery of the same or the modifications, corrections or deletions to personal data
sensitive requested.
The resolutions must be in writing and establish the deadline for compliance and the procedures to ensure the
execution.

ARTICLE 60. Resolution of the appeal for review.
Issued the resolution of the highest authority, declaring the origin or inadmissibility of the claims of the appellant,
In its case, it will order the obliged person to comply exactly with what was resolved within a period of five days, under warning,
in case of non-compliance, to certify what is conducive before the competent court, and without prejudice to dictating all
those measures of an administrative nature and those that lead to the immediate execution of the resolution.
Once the review procedure has been exhausted, the administrative phase will be concluded and the interested party may file the action of
respective protection in order to make their constitutional right prevail, without prejudice to legal actions of another nature,

TITLE FIFTH

SINGLE CHAPTER
RESPONSIBILITIES AND SANCTIONS
ARTICLE 61. System of sanctions.
Any public official, public servant or any person who violates the provisions of this law, will be subject to the
application of administrative or criminal sanctions in accordance with the provisions set forth in this law and other laws
applicable.

ARTICLE 62. Application of sanctions.
Administrative offenses committed by those responsible for compliance with this law will be sanctioned according to the
severity of the same, without prejudice to the corresponding civil or criminal responsibilities.

ARTICLE 63. Administrative sanctioning procedure.
In the substantiation and decision of the administrative sanctioning procedure, the rules on the matter will be applied.

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in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
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ARTICLE 64. Marketing of personal data.
Whoever markets or distributes by any means, personal data information files, sensitive or personal data
sensitive, protected by this law without the express written authorization of the owner thereof and not
come from public records, will be sanctioned with imprisonment of five to eight years and a fine of fifty thousand to one hundred thousand Quetzales and the
confiscation of objects instruments of crime.
The criminal sanction will be applied without prejudice to the corresponding civil liabilities and the damages that could be
generate by the marketing or distribution of personal data, sensitive or sensitive personal data.

ARTICLE 65. Alteration or destruction of information in files.
Who without authorization, alters or destroys personal data information, sensitive data or sensitive personal data of a person,
that are in archives, files, computer or electronic supports of public institutions, will be punished with prison
from five to eight years and a fine of fifty thousand to one hundred thousand Quetzales.
The criminal sanction will be applied without prejudice to the corresponding civil liabilities and the damages that could be
generate by the alteration or destruction of information in files.

ARTICLE 66. Retention of information.
The offense of withholding information is committed by the official, public servant or any person responsible for complying with the
present law, which arbitrarily or unjustifiably obstructs the applicant's access to the required information. It will be sanctioned with
imprisonment from one to three years, with special disqualification for twice the penalty imposed, and a fine of ten thousand to fifty thousand
Quetzals.
The criminal sanction will be applied without prejudice to the corresponding civil liabilities and the damages that could be
generate by the retention of the information.

ARTICLE 67. Disclosure of confidential or reserved information.
The public servant, official or employee who reveals or facilitates the disclosure of information of which he has knowledge by
reason for the position and that by provision of law or the Political Constitution of the Republic of Guatemala is confidential or reserved,
will be punished with imprisonment of five to eight years and special disqualification for twice the penalty imposed and a fine of fifty thousand
to one hundred thousand Quetzales.
The national or foreign person who, having the obligation to keep in reserve or confidentiality data that by disposition of
law or the Political Constitution of the Republic of Guatemala incurred in the facts of the previous paragraph will be sanctioned by the
same way.
The criminal sanction will be applied without prejudice to the corresponding civil liabilities and the damages that could be
generate by the disclosure of confidential or reserved information.

It is strictly prohibited, without the written authorization of the administrative authorities of INFILE, SA, under established sanctions
in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
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TRANSITIONAL AND FINAL PROVISIONS
ARTICLE 68. Formation of Information Units.
The obliged subjects, within the scope of their respective competences, will conform and implement the Information Units and
They will update their obligations ex officio within one hundred and eighty days from the effective date of this law.

ARTICLE 69. Budget.
In the General Budget of Income and Expenditures of the State an additional specific item will be included so that the Procurator of
Human Rights can comply with the attributions established in this law.

ARTICLE 70. Creation of Units.
The creation of the reporting units of the obliged subjects will not suppose additional expenditures in the Budget
General State Income and Expenditure, but must be integrated with existing public officials, except in cases
duly justified, at the request of the obligated subject that is part of the State within the public administration.

ARTICLE 71. Repeal.
All those legal provisions that are contrary to the provisions of this law are repealed.

ARTICLE 72. Validity.
This law shall enter into force one hundred and eighty days after its publication in the Official Gazette. They are excepted from the date of
This article and articles 6 and 68 come into force, which will enter into force on the day of their publication in the Official Gazette.

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REFER TO THE EXECUTIVE BODY FOR PENALTY, ENACTMENT AND PUBLICATION.

ISSUED AT THE PALACE OF THE LEGISLATIVE ORGANISM, IN THE CITY OF GUATEMALA, ON TWENTY-THREE OF
SEPTEMBER TWO THOUSAND EIGHT.

ARÍSTIDES BALDOMERO CRESPO VILLEGAS
PRESIDENT

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in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
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JOSÉ ROBERTO ALEJOS CÁMBARA
SECRETARY

ROSA ELVIRA ZAPETA OSORIO
SECRETARY

NATIONAL PALACE: Guatemala, October 22, two thousand and eight.

LET IT BE PUBLISHED AND ENFORCED,

COLOM KNIGHTS

EMILIO ARNOLDO VILLAGRÁN CAMPOS
FIRST VICE MINISTER OF GOVERNMENT
OFFICE MANAGER

LIC. CARLOS LARIOS OCHAITA
GENERAL SECRETARY
FROM THE PRESIDENCY OF THE REPUBLIC

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in the laws; the partial or total reproduction of this document by any means or procedure, as well as the distribution of copies through
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