Court of Appeals rejects Appeal of the Civil Registry and ratifies decision of the CPLT that ordered to deliver information on migrants who died in Chile

After rejecting the claim of illegality against the decision of the Council for Transparency filed by the Civil Registry and Identification Service, the Court of Appeals of Santiago (Role No. 379-2021) ratified the quality of public information related to foreign persons who died between January 2019 and February 2021 including variables such as nationality, sex, age and cause of death.
The case was presented by the applicant to the CPLT after the Civil Registry referred the request to the Department of Statistics and Health Information (DEIS), under the Ministry of Health (MINSAL), stating that – according to what is read in documents related to the amparo role C1830-21 – this was the “only technical entity that can conclude in the real and basic cause of death of a person, and not the Civil Registry and Identification Service, which does not have the legal or technical competence to make such a determination.”
Among other issues, the Council considered “inappropriate the referral made” by the body claimed to the Minsal, since the information is in the possession of the Civil Registry and among other functions, said entity must form and keep updated, among other records, those of death.
This view was shared by the court, in the sense of stating that if the body is competent to deliver the information it must do so, even if that information is also in the possession of another body.
The ruling pronounced by the Eighth Chamber of the high court – presided over by Minister Alejandro Rivera and composed of Minister (s) Rodrigo León and member lawyer Rodrigo Montt – could still be challenged by the Civil Registry and Identification, which has until December 30 to file a complaint against the member ministers before the Supreme Court.

Original source in Spanish