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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


Federal institute for access to public information
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


Federal institute for access to public information

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.


Federal institute for access to public information

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