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Federal Institute for Access to Public Information. Juan Pablo Guerrero Amparán Commissioner March 2007. Information Federal Act in Mexico: an assessment of impacts and limits (2003-07). Information Federal Act: Main Characteristics Mandatory Public Information & New Transparency Web Site

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Presentation Transcript
Federal institute for access to public information

Federal Institute for Access to Public Information

Juan Pablo Guerrero Amparán

Commissioner

March 2007



Presentation outline

Information Federal Act: Main Characteristics and limits (2003-07)

Mandatory Public Information & New Transparency Web Site

Information Requests

Appeals filed Before IFAI

How Many Use the Right to Know?

Requests in the States: the local challenge

Constitutional Reform

INFOMEX (E Based Access)

Success Stories

Weaknesses & Resistance

Presentation outline


Ifa main characteristics
IFA: Main characteristics and limits (2003-07)

  • Mandatory Government information on Internet

  • Rules for access and classification

  • Communication & protection of private data

  • Record keeping & archives organization

  • No need for ID nor justification of request

  • Universal, free & easy access (E-based access)

  • Administrative Court (enforcement & appeals)

  • Requesters can appeal to Judiciary


IFAI and limits (2003-07)

  • Authority in the Executive Branch (Federal P.A.)

  • Five Commissioners: President appointments, Senate can object

  • Tenure (7 years appointment)

  • Legal autonomy: Decision, budget & administrative

  • Rulings are mandatory for Federal Executive Branch


Mandatory information on internet
Mandatory Information on Internet and limits (2003-07)

  • Directory, organizational structure, services

  • Salaries & benefits of public officials

  • Budget, public finances

  • Contracts, procurement, concessions, permits, authorizations

  • Subsidies, participation mechanisms

  • Audit results, legal framework (regulations)


Portaltransparencia gob mx
portaltransparencia.gob.mx and limits (2003-07)

New Transparency Web Site

  • Standard search devise

  • A single site for consultation per agency or activity

    In March 2007, Federal Agencies included

    in the site represent 60% of requests


Www sisi org mx
www.sisi.org.mx and limits (2003-07)

  • Requests can be filed electronically

  • Information can be posted on the site

  • Time for notification is reduced

  • Permanent follow-up of the status

  • Information posted for other requesters is available

  • Further information can be required through SISI

  • Costs & Payment are processed through the System

  • Appeals can be lodged through SISI.

  • Several reports and statistics can be generated


Www sisi org mx1
www.sisi.org.mx and limits (2003-07)


Zoom www ifai org mx
ZOOM – www.ifai.org.mx and limits (2003-07)

  • Requests & responses are public

  • Zoom: search tool for requests, responses & appeals

  • Includes IFAI research papers, analysis & internal reports


Accumulated number of information requests and limits (2003-07)Up to February 28th, 2007

*If we compare 2006 and 2007, it is clear the significant increase in the number of requests.


Accumulated number of appeals filed before IFAI and limits (2003-07)Up to February 28th, 2007

Number of appeals increased during 06-07.

Three hypothesis:

1.) Agencies are disclosing less;

2.) Requests are more complex and relevant; or

3.) Petitioners are more familiarized with IA


Information requests and appeals up to february 28 th
Information requests and Appeals and limits (2003-07)Up to February 28th


Frequent users march 2007
Frequent Users and limits (2003-07)(March 2007)


How many users
How many users? and limits (2003-07)

  • 183,000 request up to march 2007 (SISI)

  • 72,000 SISI users

  • 10,000 users have made 122,000 requests (63%)

  • 366 users have made 26 % of the requests

  • 153 users have made 18.5 % of the requests


Requests by states february 2007
Requests by States and limits (2003-07)February 2007


Requests by states up to february 28th
Requests by states and limits (2003-07)Up to February 28th


Right to know in the mexican constitution
Right to know in the Mexican Constitution and limits (2003-07)

Article 6.[...] The State will guaranty the right to information. (1976)


1 approved reform deputies art 6
1. Approved reform (Deputies) and limits (2003-07), Art. 6

  • Government information is public by definition

  • It can be classified if that is in the public interest

  • Principle of maximum publicity must prevail

  • Protection of privacy rights & private data

  • No ID nor justification needed for requests


2 approved reform deputies march 2007
2. Approved reform (Deputies, March 2007) and limits (2003-07)

  • Free and easy access (E based access)

  • An independent body to review complaints

  • All expenditures involving public funds are to be disclose

  • Sanctions must be incorporated


Implications to state government regulations current situation 2007
Implications to State Government Regulations and limits (2003-07)(Current situation, 2007)


Implications to local government regulations ii current situation 2007
Implications to Local Government Regulations II and limits (2003-07)(Current situation, 2007)


Implications to local government regulations iii current situation 2007
Implications to Local Government Regulations III and limits (2003-07)(Current situation, 2007)


Implications to local government regulations iv current situation 2007
Implications to Local Government Regulations IV and limits (2003-07)(Current situation, 2007)


Infomex ifai world bank idf
INFOMEX and limits (2003-07)IFAI – World Bank IDF

Federal model of electronically based

access transferred to local

government

IFAI transfers technology & provides

training

World Bank assures funds, ability to

mobilize & credibility


Infomex ifai wb idf current situation
INFOMEX and limits (2003-07)IFAI – WB IDF –current situation

  • States: AGS, BC, CHI, DF, NL, JAL

    (soon: CAMP, MOR, VER)

  • Municipalities: Guadalajara, Monterrey,

    Mexicali, Puebla, Durango (so far 7)

    Challenge: integrate 32 States and over 250 municipalities in short period of time


Ifa success stories i
IFA, Success stories I and limits (2003-07)

  • Savings & Loans Security Commission (IPAB-Fobaproa): accountability in banking system rescue

  • Public Funds & Trusts (transparency vs banking secrecy)

  • Personal access to medical files


Ifa success stories ii
IFA, Success stories II and limits (2003-07)

  • Violators, infractions & fines for braking federal regulation (Environment, Transportation, etc.)

  • International PEMEX’s clients

  • Evaluation to schools


Ifa success stories iii
IFA, Success stories III and limits (2003-07)

  • PEMEX-GATE: public version of law suit files regarding illegal electoral funding

  • Files on political repression & assassinations in 1971 (genocide)

  • Donations to labor unions and other organizations (Art. 69 PEF 2006)


Ifa success stories iv
IFA, Success stories IV and limits (2003-07)

  • Transparency in military procurement & National Defense Plans

  • Access to geographical location of direct subsidy allocation (Oportunidades)


Ifa weaknesses
IFA - Weaknesses and limits (2003-07)

  • Inexistence of documents is legitimated

  • Administrative sanctions depend on Department subordinated to the President

  • Classifies information related to any on-going administrative process

  • Does not regulate local government


Ifa resistance i
IFA - Resistance I and limits (2003-07)

  • Law-suits against IFA (Departments, agencies)

  • Law-suits against IFAI rulings (public servants)

  • Inexistent information (archive chaos)

  • Legal initiatives to undermine IFAI’s authority


Ifa resistance ii
IFA - Resistance II and limits (2003-07)

  • Lack of compliance with IFAI’s rulings

  • New legislation initiatives with transparency exemptions (National Defense, Housing, Budget, Navy Law, etc)

  • Handicapped State Access Laws


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