Análisis de la normativa legal vigente sobre documentación y archivos en Chile: Normas sobre eliminación de documentos y jurisprudencia asociada

摘要

It’s internationally recognized for proper management of documents generated byagencies 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 thedocumentation may be requested through the right of access to public information.Chilean reality provides various rules that address issues relating to archives andrecords management, creating a regulatory dispersion which causes problemswhen 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 legislationregarding the disposal of documents, become clear that the primary legislation inthe matter not from a specialized agency, not expressly establishes thedocumentary and archival principle assessment to support the expurgation and inall cases not specifically identified, is given to the agency head the power toremove documents that it deems lack of interest.Finally there is a brief overview of the most significant judgments and decisionsconcerning public records emanating from the Comptroller General of the Republicand the Council for Transparency, in order to illustrate the practical application ofcertain rules.