El acceso a la información pública como medio de participación ciudadana y control social

Abstract

The Organic Law of Transparency and Access to Public Information, is the legal body that recognizes and regulates the Right of Access to Public Information, as well that since the validity of the current Constitution of the Republic in 2008, the Right of Access to Public Information, is elevated to legal guarantee, further strengthening this important right. Internationally, the right of access to public information is considered as a fundamental human right, also it is one of the mechanisms that payable on the exercise of the rights of citizen participation and social control essential in a democratic state.

The Organic Law of Transparency and Access to Public Information, provides two mechanisms to exercise the Right of Access to Public Information: firstly an administrative procedure; and secondly an judicial process. The current Constitution guarantees the right of citizens' access to information, conceived this as the power of every individual to know and access all information arising or that encentre held by the institutions , agencies, entities and legal persons public and private law with state participation or are concessionaires of this right. However, although the Organic Law of Transparency and Access to Public Information has been in force for more than 11 years, he has not fully achieved its objectives and does not fully guarantee the legally protected because there is still a culture of secrecy in the State.