The Mexican experience on Access to Public Information

1
The Mexican experience on Access to Public
Information

• María Marván Laborde
• President Commissioner
• Federal Institute for Access to Public
  Information
  
• July, 2004

2
CONTENIDO

• Legal and institutional framework of the access
  to public information in Mexico
  
• Mechanisms to access public information in
  Mexico
  
• Results obtained at one year of the
  implementation of the Freedom of Information Act
  (FOIA)

3
Legal and Institutional Framework of the Access
to Public Information in Mexico

• Freedom of Information Act
• By-laws Executive power,
  legislative power, Judiciary, Constitutional
  autonomous institutions, federal administrative
  courts
• Federal Institute for Access to Public
  Information IFAI
  
• General guidelines drafted by the Board of
  Commissioners of the IFAI

4
Legal and Institutional Framework of the Access
to Public Information in Mexico
Freedom of Information Act
The Law is based on two constitutional
principles Article 6o of the Constitution ?
Freedom of information (right to freely
exchange information) Article 8o of the Consti
tution ? Petition right (right to request
from public Officials)
5
Legal and Institutional Framework of the Access
to Public Information in Mexico

• The Law was published on the 11th of June, 2002
  and it establishes three mandates
  
• To guarantee the effectiveness of the right to
  access public information
  
• To guarantee the effectiveness of the right to
  privacy through data protection
  
• To promote a culture of transparency and
  accountability

6
Legal and Institutional framework of the access
to public information in Mexico
Freedom of Information Law

• Important elements of the law
• Establishes transparency obligations (information
  that the Executive Branch agencies must report in
  their web pages)
  
• Specifies the classified information as reserved
  or confidential
  
• Establishes the personal data management and
  protection
  
• Specifies the access to information in hands of
  the executive branch and the other obligated
  actors
  
• Establishes sanctions and responsibilities when
  the law is violated

Creates the IFAI that has competence over the
executive branch
7
Legal and institutional framework of the access
to public information in Mexico
By-law of the Freedom of Information Act (for the
Federal Executive Branch)
The By-law was published on the 11th of June,
2003 and it details the fundamental principles of
the Law

• Public character of all the governmental
  information publicity principle
  
• Classification of the information under
  expception criteria (temporal)
  
• No need to prove legal interest or to show and ID
  in order to access public information
  
• Personal data protection

8
Legal and institutional framework of the access
to public information in Mexico
By-law of the Freedom of Information Act (for the
Federal Executive Branch)
Elements that promote transparency and access to
information

• Specifies the way in which the Federal Public
  Administration has to accomplish with the
  transparency obligations
  
• Regulates the procedure of access to public
  information and personal data, the procedure to
  correct personal data and the appeal process
  
• Establishes the possibility to request
  information through Internet
  
• Establishes the possibility to request
  information via Internet through the IFAIs
  System of Information Request ? SISI
  
• Introduces specific chapters on classification
  and archives

9
Legal and institutional framework of the access
to public information in Mexico
Federal Institute for Access to Public Information

• Has autonomy in its operation, budget and
  decisions regarding compliance with access to
  public records of the Executive Branch
  
• Its functions are specified in the Law
• The Board of the IFAI is integrated by four
  Commissioners and one Chairman Commissioner,
  proposed by the President and ratified by the
  Senate. The Chairman Commissioner is elected by
  the Board itself.

• Regulation and resolutive functions
• Oversight and coordination functions
• Promotion functions
• Operative and administrative functions

10
Legal and institutional framework of the access
to public information in Mexico
General Guidelines Drafted by the Board of Commis
sioners of the IFAI

• Classification and desclassification of the
  information
  
• Requests to access personal data
• Organization and conservation of archives
• among others

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Mechanisms to access public information in Mexico

• Transparency obligations
• Access to information procedures
  Electronic means SISI
  
• Appeals before the IFAI

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Mechanisms to access public information in Mexico
Transparency obligations

• Hierarchic Structure
• Functions of every administrative unit
• Directory of public officers
• Salaries and payroll
• Liason Unit Address
• Goals and objectives of the programs of the
  administrative units
  
• Services that each agency offers
• Proceedings, requirements and formats
• Information related to assigned budget and its
  execution

• Audit results
• Subsidies programs
• Concesions, permissions and authorizations
• Bidding processes and contracts
• Aplicable legal framework
• Reports generated by legal disposition
• Citizen participation mechanisms
• Other information of public interest

Internet is the best way to publish and
disseminate this information. There is no need to
request this information.
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Mechanisms to access public information in Mexico
Access to Information Procedures

• Mechanisms to access public information
• More than 90 of the requests have been made
  through the SISI

• Personally at the agencys offices (at the Liason
  Units)
  
• By mail or courier services in a free-format
  letter
  
• Via Internet through the IFAIs System of
  Information Request (SISI)

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Mechanisms to access public information in Mexico

• The SISI is at the international forefront in
  E-Government programs few countries have such an
  accesible system to request public information
  
• Every person can request information without
  going to the public agency
  
• The applicant can follow the process of his/her
  requests, receive information and present appeals
  before the IFAI.
  
• Allows public agencies to manage the requests and
  deliver information through the same system
  
• Allows the IFAI to recieve appeals and to be
  always informed about the number and content of
  the requests

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Mechanisms to access public information in Mexico
Procedure of Access to Public Information
The applicant makes his information request
The agency has 20 working days to tell her/him if
the information exists and if this is
confidential or reserved
If the information exists, and if it is public,
the agency must provide it to the applicant in 10
working days
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Mechanisms to access public information in Mexico
Procedure of Access to Public Information
What if an agency denies access to information,
does not answer, the information is incomplete or
it is not the information that was requested?
The applicant can present an appeal before the
IFAI, which has the legal authority to determine
whether or not the government must disclose the
information
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Mechanisms to access public information in Mexico
Appeals before the IFAI
Both the applicant and the agency present their
arguments before one of the IFAIs Commissioners
The Commissioner analyzes the case and presents a
draft solution before the Board of
Commissioners(30 working days)
The Board of the IFAI votes the project and emits
a final resolution over the appeal (20 working
days)
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Mecanismos de acceso a la información pública en
México
Appeals before the IFAI
Legal capabilities of the IFAI

• Final resolutions of the IFAI are definitive and
  the agencies are obligated to comply with them
  
• The IFAI has legal capacity to request from an
  agency or institution any classified, reserved or
  confidential information to analyze whether or
  not it can be disclosed
• If a public officer does not comply with the
  Transparency Law, he or she might face
  administrative or legal sanctions
  
• Only applicants can appeal a final resolution by
  the IFAI before the Federal Courts

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Results obtained at one year of the
implementation of the FOIA

• Access to information requests
• Appeals before the IFAI

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Results obtained at one year of the
implementation of the FOIA
Access to information requests
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Results obtained at one year of the
implementation of the FOIA
Number of appeals before the IFAI 1,187
(635 in 2003 and 552 in 2004)
Agencies with more appeals
As of June 22nd, 2004
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Results obtained at one year of the
implementation of the FOIA
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www.ifai.org.mx