Serie N° 75: Análisis de la Normativa Legal Vigente sobre documentación y archivos en Chile: Normas sobre eliminación de documentos y jurisprudencia asociada.

Abstract

It’s internationally recognized for proper management of documents generated by agencies of state administration in any country, it is essential to the existence of a legal body that regulates the management of public record, in which consists the documentation may be requested through the right of access to public information. Chilean reality provides various rules that address issues relating to archives and records management, creating a regulatory dispersion which causes problems when applying and interpreting the provisions in accordance with the reality that today we can observe in the structure of the Administration. The second part of this research reviews the scope that has the current legislation regarding the disposal of documents, become clear that the primary legislation in the matter not from a specialized agency, not expressly establishes the documentary and archival principle assessment to support the expurgation and in all cases not specifically identified, is given to the agency head the power to remove documents that it deems lack of interest. Finally there is a brief overview of the most significant judgments and decisions concerning public records emanating from the Comptroller General of the Republic and the Council for Transparency, in order to illustrate the practical application of certain rules.