AFP will have to reveal their biggest secrets: a court decision forces them to open "their black box" | National

The Santiago Court of Appeal dismissed the complaint filed against the Council for Transparency (CPLT) by the Superintendency of Pensions (SP): now, the AFP they will have to to give information on the contents of their "black box" denominated .

A simple request for information to AFP requested by the citizen Esteban Rodríguez ended with a dispute that was resolved and that could set a precedent.

In March 2017, citizen Rodríguez asked Superintendency of Pensions (SP) the "explanatory notes of the 2002 to 2016 daily reports" of the AFP, to find out how insurers have "worked" millions of dollars what workers contribute

However, the superintendent headed by Osvaldo Macías refused to give details arguing that it affected the commercial interests of the AFP .

Following the refusal, Rodríguez appealed. amparo before the CPLT organization which, in August 2017, ordered the transmission of the information. Then, the SP attacked and reached the Court of Appeal, accusing the respect of this requirement of loss of time and resources because according to the calculations of the entity, it would be necessary 1500 man-hours to extract information from magnetic tapes that could lose sensitive material.

The decision of the Court

On Monday, November 12, the ninth courtroom of the capital court dismissed the appeal of the Superintendent of Pensions, could set a precedent, as confirmed by the order of the CPLC and, therefore, pension administrators will have to reveal one of their greatest secrets : the content of the so-called "box black".

Now, any citizen can request through the Transparency Act the information of the explanatory notes of the daily reports and the SP can not deny the information. as in the case of citizen Rodríguez.

In particular, the decision of the court states that " the information provided is absolute declaring that by not being part of the Supervisory Board, it allows it to exercise its supervisory role to those who are responsible for it, the required information, which is sent to the control entity, recurrent in progress ".

The text also indicates that it is possible to "badert the principle of relevance referred to in Article 11, letter a) of the Transparency Act translating into a presumption that all information held by the organs of the State Administration ".