Data Privacy & Data Protection Department Report | Agency for Access to Public Information Resolution No. 70/2020
Dear Sir or Madam:
Today, Resolution No. 70/2020 (the “Resolution”) of the Agency for Access to Public Information (the “AAIP”) was published in the Official Gazette. The Resolution establishes exceptions regarding the suspension of the terms in administrative procedures dictated by the National Executive Branch through Decree 298/2020 and extended by decrees 327/2020 and 372/2020 until April 26.
In this connection, the AAIP, making use of the faculty provided by Article 3° of Decree 372/2020, decided to exempt from the aforementioned suspension those claims received by the AAIP under the Law on Protection of Personal Data No. 25,326, as well as those procedures that are currently in progress. The Resolution makes clear that the procedures framed in Law No. 25,326 in which the sanctioning process has already begun and the involved right of the data subject has already been addressed will continue to be suspended.
In addition, the Resolution provided for the exception of the suspension of terms regarding the procedures related to requests and claims framed in the Law of Access to Public Information No. 27,275.
The exceptions provided by this Resolution seek to guarantee the exercise of fundamental rights recognized by international treaties with constitutional hierarchy, such as the right to protection of personal data and access to public information in the face of the health emergency situation.
Should you require any further information on this matter, please do not hesitate to contact us.
Emilio Beccar Varela