Person v. Ministry of Environment and Public Spaces
City of Buenos Aires, 2019
Authority:
Órgano Garante de Acceso a la Información Pública
Country/State:
City of Buenos Aires
Case title:
Person v. Ministry of Environment and Public Spaces
Official citation:
RESOL-2018-2-GCABA-OGDAI
Date of decision:
03/27/2019
Relevant law:
Act 104
Decision:
The Ministry of Environment and Public Spaces was considered to have responded adequately to the request during the proceedings before OGDAI.
Key words:
access to information – public waste containers – hearing – instrumental nature of the right to information
Case Summary:
1. Facts
Facts: A person demanded information concerning the relocation of a public waste container in her street. The Ministry of Environment and Public Spaces responded but the petitioner considered the answer provided did not satisfy her demand and launched a complaint before OGDAI. During OGDAI’s proceedings, the Ministry gave a complete response to the request.
2. Decision
Decision: The Ministry of Environment and Public Spaces was considered to have responded adequately to the request during the proceedings before OGDAI.
Note (Optional):
OGDAI held a hearing at which the parties to the proceeding were called upon and had the opportunity of expressing themselves. It was noted then that the Ministry of Environment and Public Spaces had not acted in bad faith when it gave an inadequate response to the petitioner. The petitioner herself manifested that the hearing allowed her to be in contact for the first time with public authorities in order to ask for help with a problem she was having aside the access to information. OGDAI highlighted the instrumental nature of the right to information, i.e. its relationship with the exercise of other rights, and its power to improve people’s everyday life.
Resource:
https://www.buenosaires.gob.ar/sites/gcaba/files/resol-2018-2-ogdai.pdf