Agreement 843-2018
- Decree: 843-2018
- Published: January 8, 2019
- Gazette: 34,839
- Category: Administrative
Summary
This agreement classifies certain information from the Ministry of Finance as confidential, including names of appraisal commission members, bank balances, transfers for state security, employee personal information, wage garnishments, and unapproved budget drafts. Reserved information can only be released after 10 years or when the reason for secrecy ends, protecting state security and individual privacy.
Considerations
That the Institute for Access to Public Information is the entity responsible for guaranteeing and protecting the right of citizens to access public information, ensuring effective exercise of transparency and accountability, thereby contributing to the strengthening of the Rule of Law.
That in accordance with the legal powers established in the Law on Transparency and Access to Public Information, the Institute for Access to Public Information shall hear and rule on those requests for information reservation made by Obligated Institutions prior to the issuance of the respective internal Agreement, within the framework of said Law.
That in accordance with Article 17 of the Law on Transparency and Access to Public Information, "The Classification of Public Information as Reserved proceeds when the damage that may be caused 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, safety 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 conduct of reserved investigations in matters of prevention activities, 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 governability.
That the Law on Transparency and Access to Public Information establishes that information classified as reserved shall maintain this character while the cause that gave rise to the reservation subsists; outside this circumstance, the declassification of the reservation shall only take place once a period of ten (10) years counted from the date of the reservation declaration has been fulfilled. CONSIDERING: The Institute for Access to Public Information issued a favorable opinion to reclassify as reserved information that requested by the Ministry of Finance, in accordance with the Certification of Meeting Minutes No. 6.2 of the Ordinary Plenary Session No. SO-044-2018 dated November 20, 2018.
Articles
This Agreement is of immediate execution and shall be published in the Official Gazette "La Gaceta". LET IT BE COMMUNICATED AND PUBLISHED, ROCÍO IZABEL TÁBORA MORALES Secretary of State in the Ministry of Finance MARTHA SUYAPA GUILLÉN CARRASCO Secretary General, by Law, Delegation Agreement No. 841-2018 ________
of the Constitution of the Republic; 55 numeral 3, 70, 73, 190 of the Tax Code, 29 numeral 15, 36 numeral 8, 116, 118 and 122 of the General Law of Public Administration and its amendments; 22, 24, 25, 26 of the Administrative Procedure Law 1, 17, 18 and 19 of the Law of Transparency and Access to Public Information; 39 of the Income Tax Law. AGREES:
Reclassify as confidential the following information: Based on the request in question, consider the following information as confidential and subject to classification as such:
- 1)
Names of members of the appraisal commissions for the purchase and sale of Government Real Estate;
- 2)
Balances and movements of bank accounts and in the books of accounts managed by the General Treasury of the Republic;
- 3)
Transfers to the three Powers of State (Executive, Legislative and Judicial) for payments that guarantee State Security and National Sovereignty;
- 4)
Beneficiary Registry: Everything related to the PIN and the information contained therein as it is of a personal nature;
- 5)
Payments made through the SIAFI System with respect to: a) Salaries, insofar as it concerns the employee's name; and, b) Personal deductions;
- 6)
Everything related to judicial orders of wage garnishments of public employees, excluding from this confidentiality garnishments on payments to State suppliers as they are of a public nature, unless in the corresponding judicial proceeding confidentiality or secrecy has been declared;
- 7)
Account statements of amounts retained by garnishments and bank movements of the garnishment account, insofar as it refers to garnishments decreed on natural persons;
- 8)
The names of garnished individuals;
- 9)
Certificate of: Payments of payroll salaries from previous years, only insofar as it concerns the names of beneficiaries of such salaries;
- 10)
Draft General Budget of Income and Expenses of the Republic and of Decentralized Institutions, as long as it has not been officially sent to the National Congress of the Republic for approval;
- 11)
The names of Investors in governmental securities; and, 12. The Products of Consulting Services, Computer Systems and Databases for Exclusive Use by the Secretary of State in the Ministry of Finance.
The provisions contained in Agreement number 0616 dated June 11, 2008 are hereby repealed.
Transmit this Agreement to the Institute of Access to Public Information.
This Agreement is of immediate execution and shall be published in the Official Gazette "La Gaceta". LET IT BE COMMUNICATED AND PUBLISHED, ROCÍO IZABEL TÁBORA MORALES Secretary of State in the Ministry of Finance MARTHA SUYAPA GUILLÉN CARRASCO Secretary General, by Law, Delegation Agreement No. 841-2018
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