Comparative study between Mexico, Spain, The United States of America, and Chile on the right of access to public information

Abstract

The objective of addressing this topic was to know the similarities and differences that arise in the regulation of the right of access to information in the four legal systems. In particular, we cite the conformation of the procedural apparatus contained in the legislation of each country regarding the right of access to information, establishing its legislative history, the process for accessing information, its limitations, guarantor bodies and term for its guarantee, likewise through the application of the comparative method, it was obtained as a result the knowledge of the coincidences and differences between the legislations,  concluding with the recognition of successes and failures implemented by each State. Another of the topics studied in our comparative work is referring to the judgment Claude Reyes and Others Vs Chile, a resolution issued by the Inter-American Court of Human Rights, its importance lies in having been the first sentence that resolved a controversy of obstruction of access to information in the inter-American sphere. As a result of this criterion, the States parties to the American Convention on Human Rights began to try to legislate on the subject. It is considered as the sentence that marked a before and after in the guarantee of the right to know public information.