1 / 23

The Mexican experience on Access to Public Information

The Mexican experience on Access to Public Information. María Marván Laborde President Commissioner Federal Institute for Access to Public Information July, 2004. CONTENIDO. Legal and institutional framework of the access to public information in Mexico

mallika-chetan
Download Presentation

The Mexican experience on Access to Public Information

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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 Constitution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 IFAI’s 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 Commissioners of the IFAI • Classification and desclassification of the information • Requests to access personal data • Organization and conservation of archives • … among others

  11. Mechanisms to access public information in Mexico • Transparency obligations • Access to information procedures Electronic means: SISI • Appeals before the IFAI

  12. 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.

  13. 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 agency’s offices (at the Liason Units) By mail or courier services in a free-format letter Via Internet through the IFAI’s System of Information Request (SISI)

  14. www.informacionpublica.gob.mx 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

  15. 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

  16. 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 appealbefore the IFAI, which has the legal authority to determine whether or notthe government must disclose the information

  17. Mechanismsto access public information in Mexico Appeals before the IFAI Both the applicant and the agency present their arguments before one of the IFAI’s 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)

  18. 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 informationto 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

  19. Results obtained at one year of the implementation of the FOIA • Access to information requests • Appeals before the IFAI

  20. Results obtained at one year of the implementation of the FOIA Access to information requests

  21. 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

  22. Results obtained at one year of the implementation of the FOIA

  23. www.ifai.org.mx

More Related