Challenges of the Chilean Model of Transparency and Access to Public Information; [Desafíos del Modelo de Transparencia y Acceso a Información Pública en Chile]
Journal
Revista Espanola de la Transparencia
Date Issued
2025
Author(s)
Abstract
More than 15 years after the entry into force of Law No. 20.285 on Access to Public Information, the model of transparency and access to public information that it established in Chile is now outdated. Although this law was a significant advance, which allowed the consolidation of a transparency culture, given the massive use of the tools provided to citizens to guarantee their right of access to public information, it responded to a gradualist logic coinciding with the institutional maturity of the time. Based on a review of the applicable regulations, jurisprudence and doctrine, as well as a statistical analysis of the main figures of the first 15 years of operation of the Transparency Council, this research describes the Chilean transparency and access to information model and addresses its main shortcomings and opportunities for improvement. Specifically, it analyzes the need to incorporate the legislature, the judiciary and the autonomous constitutional bodies into the general transparency regime; to strengthen active transparency using available technology; and to adequately regulate the publicity regime of public officials electronic communications. © 2025 Association of Professionals and Researchers of Transparency. All rights reserved.
