Yes - and it is one of the most concrete opportunities in the Law for investigative journalism.
The Text
Art. 28 of Law No. 4982: information or documents whose classification has been lifted become open to information requests if they do not fall within the other exceptions specified in this Law.
| Condition | Content |
|---|---|
| 1. The classification must have been lifted | The classification level on the document must have been removed |
| 2. There must be no other exception | It must not fall within the other exceptions such as trade secrets (Art. 23), private life (Art. 21) or criminal investigation (Art. 20) |
Why It Matters
A Practical Method
- Record your refused requests with the date, subject and ground of refusal.
- Where the ground rests on a classification level, ask periodically whether the classification has been lifted.
- In a new application, refer expressly to Art. 28 and state what you know about the declassification.
- If part of the document is still within an exception, request the separable parts separately.
The Logic of Partial Access
The exception articles of the Law protect not the whole document but the information within the exception. So instead of the whole document being refused, it can be requested with the parts within the exception removed.
The Objection Route Is Open
If your request is refused again you may object to the Board for the Review of Access to Information within fifteen days; the Board decides within thirty working days. The Board consists of nine members and the term of office is four years (Arts. 13, 14).
We cover this in the refused request guide.
Summary
- Declassified information and documents become open to information requests if they do not fall within the other exceptions in the Law.
- That makes it possible to try previously refused requests again.
- But lifting the classification is not enough on its own; the document must also fall outside every other exception.