La Proper archive management as a guarantee of the protection of the fundamental right to access public information

Abstract

The proper management of files in public administration entities is important to guarantee the transparency of government acts and therefore for the protection of the right of access to public information recognized in Peru as a fundamental right that is regulated in paragraph 5 of article 2 of the Political Constitution of Peru.
In this regard, there are a significant number of cases in which the information requested by the citizen is not provided, arguing that under article 13 of Law No. 27806, there is no obligation to create or produce information. However, there is an obligation for the entities to comply with the technical archival procedures in order to have duly organized files that allow the rapid location of the requested information, preventing it from being damaged or destroyed without the corresponding procedure established for this purpose, otherwise it constitutes a serious violation of this fundamental right.