Agreement 169-2019

This agreement authorizes the Ministry of Finance to classify certain data about state financial operations as reserved (confidential) information, including bank balances, employee names on payroll, wage garnishments, and investment contracts. The goal is to protect the country's financial security and individual privacy, allowing only authorized authorities to access this information.

That the Institute of Access to Public Information is the entity responsible for guaranteeing and protecting the right of citizens to access public information, ensuring an effective exercise of transparency and accountability, thereby contributing to the strengthening of the Rule of Law.

That in accordance with the legal attributions established in the Law of Transparency and Access to Public Information, the Institute of Access to Public Information shall hear and resolve on those requests for information classification submitted by Obligated Institutions prior to the issuance of the respective Ministerial Agreement, within the framework of said Law.

That the Secretariat of Finance issued Ministerial Agreement 842-2018 with publication date in the Official Gazette La Gaceta on January 8, 2019 classifying information as New Classified, which is declared as reserved information in Decree 170-2016 Article 55, numeral 3, Article 70 and Article 190 of the Tax Code with approval and publication date of December 28, 2016, Commercial Code Article 956, in the Constitution of the Republic Articles 76 and 182, Article 6 of the State Contracting Law and its Regulation and Article 17 numerals 1 and 6 of the Law of Access to Public Information and its Regulation.

That the Secretariat of Finance issued Ministerial Agreement 843-2018 with publication date in the Official Gazette La Gaceta on January 8, 2019 establishing the Reclassification of Reserved Information stating in Article 1: numeral 3: Transfers to the three State Powers for payments that guarantee State Security and National Sovereignty, by virtue that Article 17 of the Law of Transparency and Access to Public Information already contemplates it; numeral 10: Draft of the General Budget of Income and Expenses of the Republic and of the Decentralized Institutions, while the same has not been officially sent to the National Congress of the Republic for its approval, given that the Secretariat of State in the Finance Office carries out actions to promote spaces for dialogue and citizen participation while the project is in formulation; additionally, opportunities are opened that allow civil society monitoring of the General Budget of Income and Expenses of the Republic in all stages of the budgetary cycle. Also given that by eliminating numerals 3 and 10 the consecutive enumeration of several items is changed.

That Article 121 of the Administrative Procedure Law establishes in its third paragraph that the Public Administration may revoke or modify administrative acts when it is not opportune or convenient to the purposes of the service for which it is issued.

That in accordance with Article 17 of the Law of Transparency and Access to Public Information, "The Classification of Public Information as Reserved proceeds when the damage that may be produced is greater than the public interest in knowing it or when the disclosure of the information puts at risk or harms: 1.- The security of the State; 2.- The life, security and health of any person, humanitarian aid, interests legally protected in favor of children and other persons or by the Guarantee of Habeas Data; 3.- The development of reserved investigations regarding activities of prevention, investigation or prosecution of crimes or the administration of justice; 4.- The interest protected by the Constitution and the Laws; 5.- The conduct of negotiations and international relations; 6.- The economic financial or monetary stability of the country or governance.

That the Law of Transparency and Access to Public Information establishes that information classified as reserved shall have this character while the cause that gave rise to the classification subsists; outside of this circumstance, the declassification of the classified information shall only take place once a period of ten (10) years has been fulfilled counted from the date of the classification declaration.

That the Institute of Access to Public Information issued a favorable opinion to reclassify as reserved information what was requested by the Secretariat of Finance, in accordance with the Certification of Resolution No. SO-030-2019 dated February 12, 2019.