Open Records Laws › Venezuela

Venezuela

Ley de Transparencia y Acceso a la Información de Interés Público (Law on Transparency and Access to Public Interest Information)

Ley de Transparencia y Acceso a la Información de Interés Público (Law on Transparency and Access to Public Interest Information), Gaceta Oficial No. 6.649 Extraordinario

RTI Rating: 62 (source)

Response Timeline

Initial Response
20 days
Extension
20 days

Business days (días hábiles). Extension of 20 additional business days allowed when search requires large number of documents, information is in physically separate offices, or requires consultation with other authorities.

How to Submit a Request

Accepted Methods

  • {'notes': 'Standard written submission (law does not mandate specific form)', 'method': 'written'}
  • {'notes': 'Direct submission to obligated entity', 'method': 'in_person'}

Law does not specify mandatory submission channels or official forms. Requests may be submitted through standard means. No receipt/acknowledgment requirement. Authorities may provide information in formats most efficient for themselves.

Required Elements

  • Requester identity with ID number
  • Contact information for notifications and receiving information
  • Sufficiently precise description of requested information
  • Reasons justifying the request

Optional Elements

  • Preferred format for receiving information (though authority may provide in most efficient format for them)

Fees

Access to public information is free as a general rule. Costs may only be charged for physical reproduction of documents, limited to actual reproduction costs without profit margin. Electronic delivery via email is provided free of charge.

Fee Waivers

  • Demonstrated socioeconomic need

Persons who can demonstrate socioeconomic circumstances requiring financial assistance may be exempted from reproduction costs.

Exemptions

  • National Security & Defense
    Security and defense plans for police facilities, detention centers, rehabilitation facilities, public buildings and installations
  • Police & Intelligence Operations
    Plans on police and intelligence operations aimed at combating crime
  • Protection of Public Officials
    Security details and protection plans for public officials and authorities
  • Personal Data
    Personal information and privacy-protected data
  • Commercial Secrets
    Confidential commercial and business information

Venezuela's 2021 transparency law has been criticized by civil society organizations for lacking clear limits on exemptions, failing to establish maximum reservation periods, and not requiring that classified information be catalogued before requests are made. The law does not explicitly establish that information is public by default and exemptions are exceptions, nor does it provide for public interest override provisions. Civil society analysis indicates the law "consolidates secrecy" rather than promoting transparency.

Appeal Process

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The 2021 Law of Transparency and Access to Information of Public Interest provides for internal administrative appeals (recurso jerárquico) but lacks specific deadlines, procedures, or an independent oversight body. The law does not establish a guarantor body with enforcement capacity, making the appeal process practically unusable. Civil society organizations have criticized the law for excluding active transparency requirements and lacking sanctions for non-compliance.

Sources & References