The Inter-american Model Law on Access to Public Information 2.0

analysis of its normative structure and impact on active transparency

Abstract

Problematic: to investigate how the Inter-American Model Law on Access to Public Information 2.0, approved in 2020, contributes to strengthening proactive transparency and public accountability in Member States, particularly in response to contemporary demands for citizen participation and democratic information governance. Objectives: to analyze the normative structure of the Inter-American Model Law on Access to Public Information 2.0, identifying its main innovations in comparison with the 2010 version, as well as to assess its impacts and challenges in enhancing active transparency and access to information, with particular emphasis on the Brazilian context. Methodology: a mixed-methods approach was adopted, based on a review of academic literature in scientific databases and documentary analysis of official normative instruments, including the Brazilian Access to Information Law. The study employed consolidated content analysis methods, articulated with theoretical frameworks on transparency and access to information. Conclusions it is concluded that the Inter-American Model Law 2.0 represents a significant advancement by expanding proactive transparency, incorporating the perspective of vulnerable groups, improving records management, and restricting exceptions to access to information. However, the findings also highlight persistent challenges, such as Brazil’s delay in updating its legislation to keep pace with a more inclusive and digital context, underscoring the need for normative alignment with current social demands.