the mexican experience on access to public information

The Mexican experience The Mexican experience on Access to Public on Access to Public

InformationInformation

María Marván LabordeMaría Marván LabordePresident CommissionerPresident Commissioner

Federal Institute for Access to Public Information Federal Institute for Access to Public Information

July, 2004July, 2004

CONTENIDOCONTENIDO

Legal and institutional framework of the Legal and institutional framework of the access to public information in Mexicoaccess to public information in Mexico

Mechanisms to access public information in Mechanisms to access public information in MexicoMexico

Results obtained at one year of the Results obtained at one year of the implementation of the Freedom of implementation of the Freedom of Information Act (FOIA)Information Act (FOIA)

Legal and Institutional Framework Legal and Institutional Framework of the Access to Public Information of the Access to Public Information in Mexicoin Mexico

Freedom of Information Act Freedom of Information Act

By-laws By-laws Executive power, legislative power, Judiciary, Constitutional Executive power, legislative power, Judiciary, Constitutional autonomous institutions, federal administrative courtsautonomous institutions, federal administrative courts

Federal Institute for Access to Public Information Federal Institute for Access to Public Information IFAIIFAI

General guidelines drafted by the Board of General guidelines drafted by the Board of Commissioners of the IFAICommissioners of the IFAI

Legal and Institutional Framework Legal and Institutional Framework of the Access to Public Information of the Access to Public Information

in Mexicoin MexicoFreedom of Information ActFreedom of Information Act

The Law is based on two constitutional principles:The Law is based on two constitutional principles:

Article 6Article 6oo of the Constitution of the Constitution Freedom of Freedom of information (right information (right to to freely exchange information) freely exchange information)

Article 8Article 8oo of the Constitution of the Constitution Petition right (Petition right (right to request from public Officials)

The Law was published on the 11th of June, 2002 The Law was published on the 11th of June, 2002 and it establishes three mandates: and it establishes three mandates:

To guarantee the effectiveness of the To guarantee the effectiveness of the right to right to access public informationaccess public information

To guarantee the effectiveness of theTo guarantee the effectiveness of the right to right to privacy through data protectionprivacy through data protection

To promote a culture of transparency and To promote a culture of transparency and accountabilityaccountability

Legal and Institutional Framework Legal and Institutional Framework of the Access to Public of the Access to Public Information in MexicoInformation in Mexico

Legal and Institutional framework Legal and Institutional framework of the access to public information of the access to public information in Mexicoin Mexico

Freedom of Information LawFreedom of Information Law

Important elements of the law:Important elements of the law:

a)a) Establishes Establishes transparency obligations transparency obligations (information that the (information that the Executive Branch agencies must report in their web pages)

b)b) Specifies the Specifies the classified informationclassified information as reserved or as reserved or confidential confidential

c)c) Establishes the Establishes the personal datapersonal data management and protection management and protection

d)d) Specifies the access to information in hands of the executive Specifies the access to information in hands of the executive branch and the other branch and the other obligated actorsobligated actors

e)e) Establishes Establishes sanctions and responsibilitiessanctions and responsibilities when the law is when the law is violated violated

Creates the IFAI that has competence over the executive Creates the IFAI that has competence over the executive branchbranch

Legal and institutional framework Legal and institutional framework of the access to public information of the access to public information

in Mexicoin MexicoBy-law of the Freedom of Information Act By-law of the Freedom of Information Act (for the Federal Executive Branch)(for the Federal Executive Branch)

a)a) Public character of all the governmental information: Public character of all the governmental information: publicity publicity principleprinciple

b)b) Classification of the information under expception criteria Classification of the information under expception criteria (temporal)(temporal)

c)c) No need to prove legal interest or to show and ID in order to No need to prove legal interest or to show and ID in order to access public informationaccess public information

d)d) Personal data protectionPersonal data protection

The By-law was published on the 11th of June, 2003 and it details The By-law was published on the 11th of June, 2003 and it details the fundamental principles of the Law:the fundamental principles of the Law:


in Mexicoin MexicoBy-law of the Freedom of Information Act By-law of the Freedom of Information Act (for the Federal Executive (for the Federal Executive Branch)Branch)

a)a) Specifies the way in which the Federal Public Administration Specifies the way in which the Federal Public Administration has to accomplish with the transparency obligations has to accomplish with the transparency obligations

b)b) Regulates the procedure of access to public information and Regulates the procedure of access to public information and personal data, the procedure to correct personal data and the personal data, the procedure to correct personal data and the appeal processappeal process

c)c) Establishes the possibility to request information through Establishes the possibility to request information through InternetInternet

d)d) Establishes the possibility to request information via Internet Establishes the possibility to request information via Internet through the IFAI’s System of Information Request through the IFAI’s System of Information Request SISISISI

e)e) Introduces specific chapters on classification and archivesIntroduces specific chapters on classification and archives

Elements that promote transparency and access to information:Elements that promote transparency and access to information:


in Mexicoin MexicoFederal Institute for Access to Public InformationFederal Institute for Access to Public Information

Has autonomy in its operation, budget and decisions regarding Has autonomy in its operation, budget and decisions regarding compliance with access to public records of the Executive compliance with access to public records of the Executive BranchBranch

Its functions are specified in the Law:Its functions are specified in the Law:

The Board of the IFAI is integrated by four Commissioners and The Board of the IFAI is integrated by four Commissioners and one Chairman Commissioner, proposed by the President and one Chairman Commissioner, proposed by the President and ratified by the Senate. ratified by the Senate. The Chairman Commissioner is elected The Chairman Commissioner is elected by the Board itself.by the Board itself.

a)a) Regulation and resolutive functions Regulation and resolutive functions

b)b) Oversight and coordination functions Oversight and coordination functions

c)c) Promotion functionsPromotion functions

d)d) Operative and administrative functionsOperative and administrative functions


in Mexicoin MexicoGeneral GuidelinesGeneral GuidelinesDrafted by the Board of Commissioners of the IFAIDrafted by the Board of Commissioners of the IFAI

Classification and desclassification of the Classification and desclassification of the informationinformation

Requests to access personal dataRequests to access personal data

Organization and conservation of archives Organization and conservation of archives

… … among othersamong others

Mechanisms to access public Mechanisms to access public information in Mexicoinformation in Mexico

Transparency obligations Transparency obligations

Access to information procedures Access to information procedures Electronic means: Electronic means: SISISISI

Appeals before the IFAIAppeals before the IFAI


Transparency obligationsTransparency obligations

Hierarchic StructureHierarchic Structure

Functions of every administrative Functions of every administrative unitunit

Directory of public officersDirectory of public officers

Salaries and payrollSalaries and payroll

Liason Unit AddressLiason Unit Address

Goals and objectives of the Goals and objectives of the programs of the administrative programs of the administrative units units

Services that each agency offers Services that each agency offers

Proceedings, requirements and Proceedings, requirements and formatsformats

Information related to assigned Information related to assigned budget and its executionbudget and its execution

Audit results Audit results

Subsidies programs Subsidies programs

Concesions, permissions and Concesions, permissions and authorizationsauthorizations

Bidding processes and contractsBidding processes and contracts

Aplicable legal framework Aplicable legal framework

Reports generated by legal Reports generated by legal dispositiondisposition

Citizen participation mechanisms Citizen participation mechanisms

Other information of public interestOther information of public interestInternetInternet is the best way to publish and is the best way to publish and disseminate this information. There is no disseminate this information. There is no need to request this information.need to request this information.


Access to Information ProceduresAccess to Information Procedures

Mechanisms to access public information:Mechanisms to access public information:

More than 90% of the requests have been made More than 90% of the requests have been made through the SISIthrough the SISI

a)a) Personally at the agency’s officesPersonally at the agency’s offices (at the Liason (at the Liason Units)Units)

b)b) By mail or courier services in a free-format letterBy mail or courier services in a free-format letter

c)c) Via Internet through the IFAI’s System of Via Internet through the IFAI’s System of Information Request (SISI)Information Request (SISI)


www.informacionpublica.gob.www.informacionpublica.gob.mxmx

The SISI is at the international forefront in E-Government The SISI is at the international forefront in E-Government programs: few countries have such an accesible system to programs: few countries have such an accesible system to request public informationrequest public information

Every person can request information without going to the Every person can request information without going to the public agencypublic agency

The applicant can follow the process of his/her requests, receive The applicant can follow the process of his/her requests, receive information and present appeals before the IFAIinformation and present appeals before the IFAI..

Allows public agencies to manage the requests and deliver Allows public agencies to manage the requests and deliver information through the same systeminformation through the same system

Allows the IFAI to recieve appeals and to be always informed Allows the IFAI to recieve appeals and to be always informed about the number and content of the requestsabout the number and content of the requests


Procedure of Access to Public InformationProcedure 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


Procedure of Access to Public InformationProcedure 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 appeal before the IFAI, which has the legal authority to determine whether or not the government must disclose the information

MechanismsMechanisms to access public to access public information in Mexicoinformation in Mexico


The The Board Board of the IFAI votes the project of the IFAI votes the project and emits a and emits a final resolution final resolution over the over the appeal appeal (20 working days)(20 working days)

The The CommissionerCommissioner analyzes analyzes the case and presents a the case and presents a draft draft solutionsolution before the Board of before the Board of Commissioners(30 working Commissioners(30 working days)days)

Both the applicant and the Both the applicant and the agency present their arguments agency present their arguments before before one of the IFAI’s one of the IFAI’s CommissionersCommissioners

Mecanismos de acceso a la Mecanismos de acceso a la información pública en Méxicoinformación pública en México


Legal capabilities of the IFAI:Legal capabilities of the IFAI:

Final resolutions of the IFAI are Final resolutions of the IFAI are definitive definitive and the agencies and the agencies are obligated to comply with them are obligated to comply with them

The IFAI has legal capacity to request from an agency or The IFAI has legal capacity to request from an agency or institution any classified, reserved or confidential informationinstitution any classified, reserved or confidential information to analyze whether or not it can be disclosedto analyze whether or not it can be disclosed

If a public officer does not comply with the Transparency Law, If a public officer does not comply with the Transparency Law, he or she might face he or she might face administrative or legal sanctionsadministrative or legal sanctions

Only applicants can appeal a final resolution by the IFAI before Only applicants can appeal a final resolution by the IFAI before the the Federal CourtsFederal Courts

Results obtained at one year of Results obtained at one year of the implementation of the FOIAthe implementation of the FOIA

Access to information requestsAccess to information requests



Access to information requestsAccess to information requests

Recieved and answered requestsRecieved and answered requests(as of June 17th, 2004)(as of June 17th, 2004)CONCEPTCONCEPT TOTALTOTAL

RequestsRequests 40,17040,170

Answered Answered requestsrequests 35,40035,400

Main topics of the requestsMain topics of the requests

Hierarchic StructureHierarchic Structure 11.6%11.6%

PayrollPayroll 5.8%5.8%

Generated by the agencyGenerated by the agency 24.1%24.1%

Subsidies programsSubsidies programs 5.1%5.1%

Institution activitiesInstitution activities 15.9%15.9%

Contracts information Contracts information 7.0%7.0%

ExpenditureExpenditure 9.9%9.9%

AuditsAudits 0.6%0.6%

Personal dataPersonal data 4.0%4.0%

OtherOther 16.0%16.0%

Agencies with more information Agencies with more information requestsrequests

11 Finance Ministry Finance Ministry 2,5352,535

22 Social Security InstituteSocial Security Institute 1,9931,993

33 Public Education MinistryPublic Education Ministry 1,6301,630

44Environmental Protection Environmental Protection MinistryMinistry 1,3261,326

55 Interior MinistryInterior Ministry 1,1481,148


OBLIGATED ACTOROBLIGATED ACTOR APPEALSAPPEALS

1.1. Finance Ministry Finance Ministry 7878

2.2. Public Function Ministry Public Function Ministry 7272

3.3. Social Security Institute Social Security Institute 5656

4.4. Public Education Ministry Public Education Ministry 5151

5.5. National Defense Ministry National Defense Ministry 4949

Number of appeals before Number of appeals before the IFAI: the IFAI: 1,187 1,187 ((635635 in 2003 and in 2003 and 552552 in in 2004) 2004)

As of June 22nd, 2004As of June 22nd, 2004

Agencies with Agencies with more appeals more appeals ::

Results obtained at one year of Results obtained at one year of the implementation of the FOIAthe implementation of the FOIASolved appealsSolved appealsAs of June 22nd, As of June 22nd,

20042004

20032003 20042004 TotalTotal PercentagePercentage

634634 296296 930930 100%100%

RevokedRevoked 127127 6262 189189 20.3%20.3%

ModifiedModified 139139 6464 203203 21.8%21.8%

ConfirmConfirm 124124 4141 165165 17.7%17.7%

Positiva fictaPositiva ficta (a lack (a lack of answer is of answer is considered a grant considered a grant of access)of access)

1010 44 1414 1.5%1.5%

Does not proceed Does not proceed positiva fictapositiva ficta 33 22 55 0.5%0.5%

NonsuitNonsuit 8888 2626 114114 12.3%12.3%

Discarding Discarding 7878 6262 140140 15.1%15.1%

Not presented Not presented 5757 3434 9191 9.8%9.8%

IncompetenceIncompetence 88 11 99 1.0%1.0%

www.ifai.org.mwww.ifai.org.mxx

the mexican experience on access to public information

Documents

information article

governmental information

classified information

public informationto

public officialslegal

procedure of access

federal public administration

institutional framework