Federal Institute for Access to Public Information

1. Federal Institute for Access to Public Information Juan Pablo Guerrero Amparán Commissioner March 2007

2. Information Federal Act in Mexico: an assessment of impacts and limits (2003-07)

3. Information Federal Act: Main Characteristics 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

4. IFA: Main characteristics • 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

5. IFAI • 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

6. Mandatory Information on Internet • 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)

7. portaltransparencia.gob.mx 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

9. www.sisi.org.mx • 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

10. www.sisi.org.mx

11. ZOOM – www.ifai.org.mx • Requests & responses are public • Zoom: search tool for requests, responses & appeals • Includes IFAI research papers, analysis & internal reports

12. Accumulated number of information requestsUp to February 28th, 2007 *If we compare 2006 and 2007, it is clear the significant increase in the number of requests.

13. Accumulated number of appeals filed before IFAI 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

14. Information requests and AppealsUp to February 28th

15. Frequent Users (March 2007)

16. How many users? • 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

17. Requests by StatesFebruary 2007

18. Requests by statesUp to February 28th

19. Right to know in the Mexican Constitution Article 6.[...] The State will guaranty the right to information. (1976)

20. 1. Approved reform (Deputies), 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

21. 2. Approved reform (Deputies, March 2007) • 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

22. Implications to State Government Regulations (Current situation, 2007)

23. Implications to Local Government Regulations II(Current situation, 2007)

24. Implications to Local Government Regulations III(Current situation, 2007)

25. Implications to Local Government Regulations IV(Current situation, 2007)

26. INFOMEX 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

27. INFOMEX 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

28. IFA, Success stories I • Savings & Loans Security Commission (IPAB-Fobaproa): accountability in banking system rescue • Public Funds & Trusts (transparency vs banking secrecy) • Personal access to medical files

29. IFA, Success stories II • Violators, infractions & fines for braking federal regulation (Environment, Transportation, etc.) • International PEMEX’s clients • Evaluation to schools

30. IFA, Success stories III • 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)

31. IFA, Success stories IV • Transparency in military procurement & National Defense Plans • Access to geographical location of direct subsidy allocation (Oportunidades)

32. IFA - Weaknesses • 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

33. IFA - Resistance I • Law-suits against IFA (Departments, agencies) • Law-suits against IFAI rulings (public servants) • Inexistent information (archive chaos) • Legal initiatives to undermine IFAI’s authority

34. IFA - Resistance II • Lack of compliance with IFAI’s rulings • New legislation initiatives with transparency exemptions (National Defense, Housing, Budget, Navy Law, etc) • Handicapped State Access Laws