ABSTRACT

A citizen submitted a request for access to the information addressed to the Ministry of Public Works, which aimed to know the list of modified works, complementary works and other additional costs of the works awarded by the Ministry of Public Works between 2008 and the present time. The citizen appealed to the Transparency Council, which issued a resolution in favor of providing the information.

The resolution of the Transparency Council understood that no prior reprocessing action is necessary to provide data on the modifications of the contracts awarded by the Ministry of Public Works. In fact, faced with the main argument of the Administration that considered that, since there was no single repository that included the requested information and there were several contracting bodies, the information should be reworked in order to be able to provide it, thus incurring the cause of inadmissibility of art. 18.1(c) of the Transparency Act, the Council understood that information exists and should not be reworked. And this is because of the art itself. 8.1 (a) The Act provides for the active publication, i.e. ex officio, of amendments to contracts to be made. Thus, understanding that this obligation has been in force since December 2014, the date of the entry into force of the transparency law, it was considered that information should be provided on the modifications made since that date.