Derecho de acceso a la información pública y protección de datos personales
| Author | Diego Fernández,Gustavo P. Giay |
| Published date | 17 August 2016 |
| Date | 17 August 2016 |
| Law Firm | Marval O'Farrell Mairal |
Recientemente, la Corte Suprema de Justicia de la Nación (“Corte Suprema”) confirmó una decisión dictada en contra de la Administración Federal de Ingresos Públicos (“AFIP”), que la obligó a proveer información específica sobre uno de sus funcionarios (CSJN, “Garrido, Carlos Manuel c/ Estado nacional - AFIP s/ amparo Ley 16.986”, sentencia del 21 de junio de 2016).
El diputado nacional Carlos Manuel Garrido promovió una acción de amparo contra la AFIP con el fin de que se le ordenara entregar información relacionada con el nombramiento, cargos y funciones desempeñadas por Carlos Mechetti dentro del organismo, así como también sobre el estado del sumario administrativo que se le inició en 2010 por presunto contrabando. El tribunal de primera instancia hizo lugar parcialmente al amparo y ordenó el suministro de parte de la información requerida.
El diputado apeló y la Cámara de Apelaciones en lo Contencioso Administrativo Federal hizo lugar al recurso, disponiendo que la AFIP también debía informar todos los cargos desempeñados por Mechetti, sus períodos, antigüedad, antecedentes laborales y profesionales en la Aduana, y el estado en el que se encontraba el trámite sumario iniciado en 2010.
La AFIP interpuso un recurso extraordinario federal y la Cámara de Apelaciones lo concedió por entender que se encontraba en juego el alcance de normas federales como la...
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