La restricción al derecho de acceso a la información a partir del establecimiento discrecional y excesivo de sus plazos de reserva

Abstract

The principle of maximum disclosure rules the right of access to information and means that all of information held by authorities is considered public and accessible, but may be subject to a limited system of exceptions for reasons of public interest, national security and respect the rights of others. However, federal law and in some states in this regard violate this principle by allowing that regulated entities can determine unilaterally discretionary and excessive delays booking information, which creates legal uncertainty as to the exercise of this right and State’s power to restrict it.