Agreement 001-2023-UFTF Financing Unit for Political Parties

This law protects the privacy of people who donate money to political campaigns and safeguards financing databases. The National Electoral Council classifies donor names and financial data as reserved information, but keeps donation amounts public (without revealing donors' identities) to ensure transparency in political financing.

Whereas the National Electoral Council is a body with constitutional rank without subordination to any of the Powers of the State, autonomous and independent for all matters related to electoral acts and procedures, with jurisdiction throughout the Republic.

Whereas the Unit for Financing, Transparency and Oversight of Political Parties and Candidates is an entity attached to the National Electoral Council, which has technical, operational, functional and budgetary management autonomy in the terms applicable to the matter and which is responsible in relation to Obligated Subjects for the lawful allocation of public and private financing for specific activities and electoral processes, maximum publicity of financial resources, surveillance and control of income and expenses, timely accountability, oversight of resources from public and private financing and corresponding documentation; and other responsibilities contained in the Law on Financing, Transparency and Oversight of Political Parties and Candidates.

Whereas on January 17, 2018, Attorney Kelvin Fabricio Aguirre Córdoba in his capacity as Coordinating Commissioner of the Unit for Financing, Transparency and Oversight of Political Parties and Candidates, for the period 2018, requested approval from the Public Access to Information Institute of Agreement No. 001-2018 denominated "Agreement on Classification of Reserved Information."

Whereas the Public Access to Information Institute by means of Resolution No. SO-086-2018 RESOLVES: FIRST: GRANTING IN PART the request for APPROVAL OF THE AGREEMENT ON CLASSIFICATION OF RESERVED INFORMATION presented by Attorney Kelvin Fabricio Aguirre Córdoba in his capacity as Coordinating Commissioner of the Unit for Financing, Transparency and Oversight of Political Parties and Candidates (UFTF) on the grounds that not all information comprised in the Reserve Agreement No. 001-2018 issued by the Obligated Institution on the sixteenth (16) day of January of the year two thousand eighteen (2018) meets the previously established requirements to be considered as Information Classified as reserved. SECOND: DECLARE PROPER THE CLASSIFICATION OF INFORMATION AS RESERVED concerning subsections "a) Personal data of any natural or legal person contributing privately to a campaign of any electoral level; and, f) Databases of the Technical Unit for Financing, Transparency and Oversight of Political Parties and Candidates, regarding financial contributions." In virtue of the fact that this information is contemplated in article 3, numeral 7 of the Law on Transparency and Access to Public Information and 42 of the Regulations of the Law on Transparency and Access to Public Information as confidential personal data and personal databases respectively, for which reason their access is restricted and access to personal data may only be had or databases may only be used prior to the consent of the person to whom the information refers. THIRD: DENY the classification of information as Reserved in relation to what is established in subsections "b) Amounts, quantities or description of contributions including in this classification contributions in kind from private financing; c) images, checks, invoices, quotations and receipts of any contribution; d) the results of audits performed by the Audit Department of the Unit for Financing, Transparency and Oversight of Political Parties and Candidates on financial reports regarding information on private contributors at different electoral levels; e) Opinions, reports, minutes, memoranda, resolutions, official letters, decrees, agreements and any record that documents information related to private contributors" requiring anonymization of the name or names of contributors, by virtue of the provisions of articles 3.5 of the Law on Transparency and Access to Public Information; 37, numerals 6, 8, 14, 17, and article 38 of the Law on Financing, Transparency and Oversight of Political Parties and Candidates, in that this legal framework specifies the information that is considered public of Political Parties and the information that cannot be reserved.

Whereas the Unit for Financing, Transparency and Oversight of Political Parties and Candidates in compliance with the principles of Impartiality, Legality, Maximum Publicity, Accountability and Transparency has considered it proper to issue an AGREEMENT ON CLASSIFICATION OF RESERVED INFORMATION, based on the provisions contained in the Law on Transparency and Access to Public Information, the Law on Financing, Transparency and Oversight of Political Parties and Candidates and Resolution No. SO-086-2018 issued by the Public Access to Information Institute (IAIP).