De-contextualization of the right of access to public information by the chilean constitutional jurisprudence comments on the constitutional court's decision, role 7425-19-ina of december 19, 2019

Abstract

The present commentary analyzes a judgment of the Constitutional Court that declared the inapplicability of Articles 5 and 10 of Law 20.285 on access to public information, as well as Article 31 bis of law No. 19.300 on general environmental. This ruling, as detailed in the analysis below, reproduces controversial aspects that create barriers to the effective exercise of the right of access to public information and decontextualizes the principle of transparency of the public function of the InterAmerican human rights standards.