News on State-Owned Companies Regarding Public Information Access

Resolution 196/2023 of the Access to Public Information Agency was published in the Official Gazette on October 18, 2023, approving the “Program for Strengthening Transparency and Public Information Access Policies” (Program) for companies wholly or partially owned by the Federal Government.

 

1. Scope

 

The Program will apply to subjects in article 7, sections g) and h) of Law 27275 (Access to Public Information Law):

 

• State-owned companies (“empresas del Estado” under Law 13653), state-owned societies (“sociedades del Estado” under Law 20705), majority state-owned joint-stock companies (“sociedades anónimas con participación estatal mayoritaria” under Law 19550), mixed-economy societies (“sociedades de economía mixta” under Law 15349), and any other business organizations where the Federal Government holds a majority stake in capital or decision-making.

 

• Companies in which the Federal Government has a minority stake, but only regarding state participation.

 

2. General and Specific Objectives

 

The Program was designed to create specific strategies for these subjects, considering their diversity and composition, to implement the governing regulations more effectively and ensure citizens' rights to access public information.

 

Thus, the overall goal of the Program is to provide technical assistance and training for public companies to implement Law 27275.

 

The main specific goals are:

 

• Identifying and evaluating the subjects’ existing capacities to meet the obligations in Law 27275.
• Developing tailored tools for implementing Law 27275, considering the unique features of state-owned companies as reporting entities.
• Strengthening public companies’ transparency and access to information through training, technical assistance, and peer learning, while systematizing experiences.

 

3. Components and Activities

 

The Program is divided in three components: capacity analysis, capacity strengthening, and learning and best practices.

 

Regarding the first one, the Program proposes:

 

1. Carrying out a diagnosis to identify existing capacities and deficits in implementing Law 27275.
2. Establishing collaboration agreements with concerned companies.
3. Raising awareness among the companies’ authorities and personnel regarding the right to access information.
4. Systematizing the gathered information and drafting reports for each company, with recommendations to enhance access to information and transparency policies.

 

Regarding the second component, capacity strengthening, the goals involve:

 

1. Creating a training program based on the results of the capacity analysis, which leads to an action plan for each company to strengthen its access to information and transparency policies.
2. Monitoring the progress of companies’ action plans monthly and assessing their implementation.

 

Regarding the third component, learning and best practices, the program proposes:

 

1. Systematizing and analyzing experiences regarding the implementation of action plans and their impact on the quality of information request processes and transparency indexes.
2. Preparing reports on lessons learned and best practices for strengthening the capacities of state-owned companies.
3. Developing company-oriented guides on best practices and procedures.
4. Publishing the Program's results on the National Transparency Portal and other public platforms.

 

4. Expected Outcomes

 

The goal of implementing the Program is that companies:

 

• Appoint persons responsible for public information access and establish procedures to ensure access to public information and transparency.
• Improve proficiency in transparency policies, resulting in improved performance in the Active Transparency Index.
• Enhance their capacities in accessing information, specifically in processing public information access requests by shortening response times to fit the deadlines in the law; thus reducing the number of complaints for lack of response received from  concerned companies.

 

5. Implementation

 

The National Directorates of Access to Public Information Policy and Transparency Policy Evaluation will jointly work on the necessary actions to carry out the Program and to establish appropriate mechanisms to monitor and evaluate it.

 

It is clear that companies wholly or partially owned by the Federal Government’s increasing involvement in managing public duties and funds has significant challenges and unique features concerning transparency and accountability.

 

Thus, applying mechanisms to enhance and expand access to the public information they have is fundamental for fully exercising rights such as freedom of expression, informed citizen participation, government transparency, citizen oversight, and public authorities' accountability; ultimately strengthening democratic institutions.