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Almost 10 months after the controversial report came to light “Big Data” of the Government, which reviewed the social media behavior during the protests in late 2019, the Comptroller’s Office affirms that this was handed over to the National Intelligence Agency (ANI) free of charge.
The opinion of the controlling entity responds to the request of Pedro Araya (Independent) in his capacity as Secretary General (s) of the Senate, who consulted on the legality of the access of the Ministry of the Interior to this document, indicating that the management could violate lobbying and public procurement regulations.
The Government ratified before the Comptroller that the company Alto Data Analytics It was the one that handed it over to the ANI, which in turn made it available to the portfolio, which finally sent it to the Public Ministry in relation to the various investigations into acts of violence during the so-called social outbreak.
Opinion E37908N20 CGR: Big Data of Cooperativa.cl in Scribd
At the senator’s request, the opinion cites Law No. 20,730, which regulates lobbying and management of private interests, indicating that “Any declaration, action or communication made by taxpayers in the exercise of their functions is excluded from these regulations”.
“It’s found in the same situation the information delivered to a public authority, who has expressly requested it for the purpose of carrying out an activity or adopting a decision, within the scope of its competence, “adds the letter, in addition to specifying that these entities are also authorized to” send and share the information that is useful to give fulfillment of their functions, within their spheres of powers “.
Therefore, the Comptroller’s Office argues that “in said legislative context, it is appropriate to indicate that the aforementioned law No. 20,730, It is not applicable to meetings or referrals of documents between public services, as it happened in the species “.
Report was a “sample” of the company’s work
On the other hand, the opinion indicates that the Ministry of the Interior admitted that the report was provided to the ANI by the company “as a sample, without cost.”, with the aim of “showing possible products to deliver to generate intelligence”.
According to law No. 19,974 that created the ANI, it indicates that the information that the entity collects and processes to create intelligence will be considered secret for all legal purposes while “they are in the power of the organizations that make up the Intelligence System or of their personnel, whatever their position or the nature of their legal relationship with them,” as well as “other antecedents that the personnel become aware of such bodies in the performance of their functions or on the occasion of these “.
“From the regulations set out, it can be seen that the legislation applicable to the National Intelligence Agency regulates in a special way the actions of this and its officials in the matter of obtaining intelligence information, therefore it is not applicable to meetings held for these purposes the provisions of the aforementioned law No. 20,730 “, specifies the comptroller.
Furthermore, taking into account that the delivery of the report did not derive from a contracting process with Alto Data Analytics, “the regulation contained in Law No. 19,886 is not applicable in this case either.”
