A Ruling Against Democracy and Development in Costa Rica

In contrast to international doctrine on access to public information, a ruling by the Costa Rican Supreme Court has accepted as valid a crude duplicitous technique used to block data management required to a public institution.

Tuesday, August 9, 2016

EDITORIAL

The Constitutional Chamber of Costa Rica has rejected an appeal presented by journalists working for the weekly newspaper El Financiero, thereby validating the use of passwords to prevent computer analysis of a database containing information on wages paid at the State Bank of Costa Rica. See Constitutional Court limits access to free public database (In Spanish).

In the justification for the ruling by the Constitutional Chamber  the following is evident: 1.Horrors over ignorance of technology, 2. Separation from international principles on the right of access to information, 3. Breach of its obligation as a superior court to prevent the use of chicanery to hinder the exercise of the rights of citizens, and 4. An unpardonable ruling in its capacity as principal factor of adaptation of judicial acts to the evolution of life in society.


See: Failure of the Constitutional Chamber
See: Constitutional Court limits access to free public database
See: Principles on the Right of Access to Information  
See: Access to public information, without being able to analyze it, is not real access


(all in Spanish)



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