Case Summary and Outcome

The First Section of the Constitutional Court of Peru held that the Executive Branch should provide information regarding the President’s international trips, such as itineraries, places he visited, agendas, and travel expenses. The applicant filed a habeas data action against the President himself and argued that the information did not violate his right to privacy nor compromised national security. The First Instance and the Appellate Court dismissed the action because the plaintiff did not demonstrate that the President had the requested information. The Constitutional Court affirmed that there were no obstacles to filing actions against the President in that type of claim and that, in general, public offices must disclose the requested information in a complete, precise, updated, and appropriate manner. It also held that there were no legal exceptions to providing the requested data, and that its disclosure would foster transparency and accountability because it involved the governmental budget and expenditures. Hence, it ordered the Executive Branch to provide the requested information.

Facts

On April 8, 2002, the petitioner, Wilo Rodríguez Gutiérrez, filed a habeas data action against the Peruvian President, Alejandro Toledo Manrique. The plaintiff requested information about the international trips made by the President from July 2001 to March 2002, in particular, the itineraries, places he visited, agendas, and travel expenses. 

The Public Prosecutor, the public officer who had to respond to the claim, argued that the President is not in charge of processing, filing, and safeguarding that information. 

On March 3, 2003, the Twenty-Fifth Civil Section of the Superior Court of Justice of Lima dismissed the applicant’s action. It considered that the petitioner did not demonstrate that the President had the requested information. The plaintiff filed an appeal, but on October 9, 2003, the Fifth Civil Section of the Superior Court of Lima confirmed the decision. 

Decision Overview

The main issue before the First Section of the Constitutional Court of Peru was whether the Executive Branch should deliver the requested information. 

The petitioner claimed that the requested information should be provided because it neither compromises national security, nor violated the President’s right to privacy. Mr. Rodríguez Gutiérrez also explained that the data would help a current investigation he was conducting on Peruvian diplomacy.

For its part, firstly, the Public Prosecutor responded that the President is not in charge of processing, filing, and safeguarding information related to his international trips. Furthermore, the Prosecutor held that the information was already made public by the newspaper “El Peruano”, so the request was irrelevant. Secondly, the Twenty-Fifth Civil Section of the Superior Court of Justice of Lima dismissed the applicant’s action because he did not demonstrate that the President had the requested information. Additionally, it claimed that the public entity in charge of processing the demanded data was the General Direction for the Administration of the Presidential Office (Dirección General de Administración del Despacho Presidencial). Thirdly, the Fifth Civil Section of the Superior Court of Lima, after the plaintiff’s appeal, confirmed the decision with the same arguments.

The Constitutional Court, relying on article 2.5 of the Constitution, held that the right of access to information must only be restricted when it could violate the right to privacy, compromise national security, or for other reasons established by law. Moreover, it argued, these restrictions should be an exception and interpreted narrowly. The Constitutional Court affirmed that, in general, public offices must disclose the requested information in a complete, precise, updated, and appropriate manner. It also explained that the right of access to information is an indispensable means of realizing other human rights, such as freedom of expression and the right to investigate public affairs, and, thus, crucial for a democratic regime. 

Additionally, the Constitutional Court recalled a previous similar judgment, which even had the same plaintiff: in 2002, Mr. Wilo Rodríguez Gutiérrez had also filed a habeas data action requesting information about former President Alberto Fujimori Fujimori’s international trips and travel expenses. In its decision 1797-2002-HD/TC, the Constitutional Court held that there were no obstacles to filing actions against the President in that type of claim. 

The Constitutional Court concluded that there were no legal exceptions to provide the requested information; on the contrary, it stated that disclosing the data would foster transparency and accountability because it involved the governmental budget and expenditures. Hence, it ordered the Executive Branch to provide the requested information.