TRANSPARENCY, ACCESS TO INFORMATION AND PERSONAL DATA

The Federal Institute of Access to Public Information (IFAI) presents this first edition of the regulatory framework that governs the right of access to government public information in Mexico. It is an indispensable document for those who desire to study, understand, and especially, to exercise a fundamental right of modern life.

This right is developed and deployed in two essential dimensions. The first one derives from a democratic demand: that the government becomes a truly public space, for everybody without regard to privileges or station. The second one, from a civil demand: for a society and State capable of strict respect for personal data.

As of June 12, 2003, the Federal Law of Transparency and Access to Government Public Information forces the government to open its files. Now, every petitioner can request any document containing public information from any federal institution, and to obtain it in a fast and simple manner.

With this law, the Mexican government is require to submit information on its performance, the use of public resources and their results. Individuals can use all public information to better evaluate their government. In this manner, transparency contributes to the reduction of impunity and corruption. In certain cases, defined by the Law as exceptions, the information under the custody of the Federal Government is privileged or confidential.

For example, it is considered privileged when its disclosure jeopardizes national security or the life of any individual. Furthermore, the concept of confidential information is related to personal data, disclosure of which would undermine the right of privacy of individuals. The new legislation was passed in 2002, as a result of the participation of civil society who submitted their own initiative to the Congress. The Executive along with the legislators, also participated in its creation and it passed unanimously. The Law created the IFAI as an independent organization with the necessary autonomy and authority to enforce the Law, review those cases in which the authorities deny access to information and determine whether the requested information is public, privileged or confidential.

https://home.inai.org.mx/wp-content/documentos/Publicaciones/Documentos/taia.pdf

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