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Regulatory Alert – June 2023

ALERT - REGULATORY

Modification of the regulation of the Transparency Law regarding the updating of the Transparency Portals

On June 13, Law Nº 31783, Law that modifies Law Nº 27806, Law of Transparency and Access to Public Information, was published in the Official Gazette “El Peruano”. Among the amendments introduced, Article 6-A has been incorporated to the Transparency Law, which regulates the deadlines for the entities to publish public information in the transparency portal.

Thus, it establishes the obligation of the entities to publish and update their respective transparency portals in accordance with the deadlines set forth in Law Nº 31783, its regulations or express norm according to the matter. When the deadline is not expressly established, the information published in the Transparency Portals must be updated at least once a month.

It is the obligation of the head of the entity to ensure the conditions for the operation, maintenance and updating of the transparency portal, as well as to establish the procedure for the organic units or bodies of the entity to meet the requirements of public information formulated by the person responsible for updating the transparency portal.

On the other hand, the regulation establishes that the National Authority for Transparency and Access to Public Information – ANTAIP is in charge of supervising compliance with the deadlines for updating information. This supervision is carried out ex officio, by request of other entities or by complaint; and non-compliance will lead to the initiation of the respective disciplinary proceedings.

For further information, please contact Verónica Sattler (vsattler@estudiorodrigo.com), Diana Briones (dbriones@estudiorodrigo.com) and/or Sebastián Velarde (svelarde@estudiorodrigo.com).