0A4F4F9BD490A749D5437F821CF06DF1
Federal Law on Transparency and Access to Public Information
https://www.right2info.org/resources/publications/laws-1/laws_mexico_rti-law
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This file was generated: 2020-07-14 06:11:04
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Illegal Activity
Searching for indicator crime:
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p.000018: resources given to political parties and national political groupings.
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p.000018: Article 12
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p.000018: Compelled bodies shall make public all information regarding the amounts of, and the people receiving for
p.000018: any reason public resources, as well as reports delivered by said people regarding the use and destination of said
p.000018: public resources.
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p.000019: Chapter
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p.000019: Privileged and Confidential Information
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p.000019: FEDERAL LAW
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p.000019:
p.000019: Article 13
p.000019:
p.000019: Any information that could cause any of the following situations shall be deemed as privileged:
p.000019: I. Endanger the national security or national defense;
p.000019: II. Undermine the negotiations or international relations, including any information that the states
p.000019: or other international organizations give to the Mexican government characterized as confidential;
p.000019: III. Damage the financial, economic or monetary stability of the country;
p.000019: IV. Risk the life, health, or safety or any person;
p.000019: V. Serious damage in the verification of law fulfillment, crime prevention or persecution, law
p.000019: enforcement, tax revenue, migration control, the procedural strategies of judicial or administrative processes,
p.000019: as long as the resolutions have not been decreed.
p.000019: Article 14
p.000019:
p.000019: The following shall also be deemed as privileged information:
p.000019: I. Information that due to an expressed statement of a given law is considered confidential, privileged,
p.000019: commercially privileged or state confidential;
p.000019: II. Commercial, industrial, fiscal, banking, fiduciary or any other secret, deemed as such by a legal provision;
p.000019: III. Preliminary findings;
p.000019: IV. Judicial files or files of administrative proceedings that are still under trial and have not been decreed;
p.000019: V. Responsibility proceedings of public servants, as long as the final administrative resolution
p.000019: has not been taken or the definitive jurisdictional decision has not been made; or
p.000019: VI. If it contains the opinions, recommendations, or points of view involved in a judicial
p.000019: process of public servants, as long as the process is still pending sentence, which shall be
p.000019: documented.
p.000019: When the period of temporary restriction of information is finished or when the causes that originated the
p.000019: restriction of the information mentioned in Paragraphs III and IV of this Article have expired, the information
p.000019: should be made public, protecting only the confidential information contained therein.
p.000019: In case of severe violation of fundamental rights or crimes against humanity the information found in
p.000019: the investigations may not be deemed privileged.
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p.000021: 21
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p.000021: Article 15
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p.000030: VII. Create and send to the Institute, based upon the guidelines of the same, all necessary data for the
p.000030: creation of an annual report, as mentioned in Article 39.
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p.000030: Article 30
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p.000030: Each committee shall be formed by:
p.000030: I. One public servant appointed by the principal of the department or entity;
p.000030: II. The principal of the Liaison Unit; and
p.000030: III. The principal of the internal control body of each department or entity.
p.000030: The committee shall make their decision by majority of votes.
p.000030: Article 32
p.000030:
p.000030: The National General Archive shall be responsible for the creation, in coordination with the Institute,
p.000030: of the criteria to be used to catalogue, characterize and handle administrative documents, as well as for
p.000030: the organization of the archives of the departments or entities. Said criteria shall take into account
p.000030: international standards and best practices that already exist on that matter.
p.000030: The principals of the departments and entities, based upon applicable provisions, shall make sure that the
p.000030: archives are functioning accordingly. Furthermore, they shall create and make available to the public a simple
p.000030: guide about their cataloguing and classification systems, as well as the organization of the archive.
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p.000030: Article 31
p.000030:
p.000030: The Center of Investigation and National Security; the Drug Control Planning Center; the Intelligence
p.000030: Coordination Direction of the Preventive Federal Police; the Unit against Organized Crime; Presidential Secret
p.000030: Service; the Secret Service of the Army; the Secret Service of the Navy; or the administrative units in lieu of the
p.000030: above, shall not be subjected to the authority of the Committees mentioned in Article 29, and their
p.000030: functions are the sole responsibility of the principal of each administrative unit.
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p.000031: Chapter
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p.000031: Federal Institute of Access to Public Information (IFAI)
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p.000031: FEDERAL LAW
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p.000031: Article 33
p.000031:
p.000031: The Federal Institute of Access to Public Information is a body that belongs to the Federal Public
p.000031: Administration. It has operative, budget and decision making autonomy, and it is the body in charge of promoting
p.000031: and disseminate the use of the right of access to information; deciding if a request of access to information is
p.000031: accepted or denied; and, protecting all personal data under the custody of the departments and entities.
p.000031: Article 34
p.000031:
p.000031: The Institute is formed by four commissioners, who shall be appointed by the Federal Executive. The Chamber of
p.000031: Senators may object to said appointments by a majority of votes, and, when the chamber is in recess, the Permanent
p.000031: Commission shall have the same voting right. In any case, the legislative office in question shall have thirty days to
p.000031: decide, and once that period has expired and no resolution has been issued, it shall be deemed as if there
p.000031: were no objection to the appointment made by the Federal Executive.
p.000031:
p.000031: The commissioners should only be removed from their position if they have severely breached the provisions
p.000031: contained in the Constitution and in this Law, if they have carried out actions or omissions that have an
p.000031: impact in the Institute, or if they have been sentenced for a severe crime that deserves corporal punishment.
p.000031: They shall remain in that position for a period of seven years, they may not be reelected, and while in office, they
p.000031: may not hold another job, position or commission, except in educational, scientific or charitable institutions.
p.000031: The resolutions issued by the Institute, shall not be subordinated to any authority and it shall make its own
p.000031: decisions with full independence and shall have the human and material resources needed for the
p.000031: performance of its duties.
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p.000033: Article 35
p.000033:
p.000033: In order to be a commissioner it is necessary to:
p.000033: I. Be a Mexican citizen;
p.000033: II. Have never been sentenced for the perpetration of a fraudulent crime;
p.000033: III. Be at least thirty five years of age at the time of the appointment;
p.000033: IV. Have performed outstandingly in professional, public or academic activities related to the subject matter
p.000033: of this Law; and
p.000033: V. Have not been secretary of state, head of an administrative department, attorney general, senator, federal or
p.000033: local deputy, head of a political party or association, governor of any state, head of government of the Federal
p.000033: District, within a period of one year before the appointment.
p.000033:
p.000033:
p.000033: Article 36
p.000033:
p.000033: The Institute shall be chaired by a Commissioner, who shall be the legal representative of the
p.000033: same. He or she shall remain in said position for a period of two years, and can be reelected once and shall be elected
p.000033: by the rest of the commissioners.
p.000033: Article 37
p.000033: The Institute shall have the following powers:
p.000033: I. To interpret this Law, from the administrative point of view, based upon Article 6;
p.000033: II. To know and decide on the appeals filed by the petitioners;
p.000033: III. To establish and review the classification, declassification and custody criteria to be used for privileged
p.000033: and confidential information;
p.000033: IV. To help the National General Archives in the creation and use of the criteria for cataloguing and
p.000033: conservation of documents, as well as in organizing the archives of the departments and entities;
p.000033: V. To supervise, and in case of non fulfill- ment, make recommendations to the departments or entities so
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Searching for indicator unlawful:
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p.000042: interested party to access the requested information or personal data; the information should be either
p.000042: re-classified or modified.
p.000042: The resolutions, which should be in writing, shall state the time limit for their compliance and the procedures to
p.000042: insure their execution.
p.000042: If the Institute does not resolve within the time limit established in this Law, the contested resolution
p.000042: shall be deemed as confirmed.
p.000042: When the Institute determines, during the course of the procedure, that a public servant could have failed in
p.000042: their duties, the Institute should make it known to the internal control body of the department or entity in question,
p.000042: so that if applicable, it the corresponding procedings can be initiated.
p.000042: Article 57
p.000042:
p.000042: The appeal shall be rejected on the basis that it is contrary to law when:
p.000042: I. It is presented after the time limit stated in Article 49;
p.000042: II. The Institute was already aware of the respective appeal and had already resolved it definitely;
p.000042: III. A resolution that has not been issued by the Committee is contested; or
p.000042: IV. An appeal or means of defense has been filed by the appellant before the courts of the Federal Judicial Power.
p.000042:
p.000042: Article 58
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p.000042: The appeal shall be superseded when:
p.000042: I. The appellant expressly withdraws the appeal;
p.000042: II. The appellant should die or, in the case of a corporation, it is dissolved;
p.000042: III. When the objection has been admitted, and there appears an unlawful motive under the terms of the
p.000042: present law; or
p.000042: IV. The department or entity responsible for the act or resolution which was contested modifies or revokes it, and the
p.000042: appeal is null and void.
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p.000043: Article 59
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p.000043: The resolutions of the Institute shall be definitive for the departments and entities. The petitioners can
p.000043: appeal before the Judicial Power of the Federation.
p.000043: The courts shall have access to privileged or confidential information when it is indispensable for the
p.000043: resolution of the matter and it has been used in a trial. Said information should be maintained as such and
p.000043: shall not be available in the judicial file.
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p.000043: Article 60
p.000043:
p.000043: The affected petitioner can request before the Institute to reconsider a resolution once a year has elapsed from the
p.000043: date on which the Institute issued the resolution confirming the decision of a Committee;
p.000043: Said reconsideration must refer to the same request and must be resolved within a maximum of 60 days.
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p.000044: ACCESSXTOXINFORMATION FOR OTHER COMPELLED BODIES
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p.000044: Chapter One
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p.000044: Article 61
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Political / political affiliation
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p.000023: information is only used for the performance of their duties.
p.000023: IV. When a court order is issued;
p.000023: V. When given to third parties because their services are being hired and they need the personal data of the people
p.000023: involved. Said third parties may not use the personal data
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p.000025: 25
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p.000025: given to them for different purposes than those for which the information was given;
p.000025: VI. In any other case provided by law.
p.000025: further information about the same personal data system within a period shorter than twelve months from the date
p.000025: of the previous request, the cost shall be determined based upon Article 27.
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p.000025: Article 23
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p.000025: The compelled bodies that have, for any reason, personal data systems in their possession, shall inform
p.000025: the Institute or its equivalent office mentioned in Article 61, who shall keep an updated list of all personal data
p.000025: systems.
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p.000025: Article 24
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p.000025: Without prejudice of otherwise provided by law, only the interested parties or their representatives may
p.000025: request a Liason Unit or its equivalent previously identified, personal data contained in their personal data
p.000025: systems. Said office shall deliver, within a period of ten workdays from the date of the request, the information
p.000025: requested or, if it is the case, shall inform them, in writing, that said personal data system does not contain
p.000025: the information they need.
p.000025: The delivery of the personal data shall have no cost, and the interested party shall only pay for the courier
p.000025: expenses based upon applicable rates. However, if that same person requests
p.000025: Article 25
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p.000025: The interested parties or their representatives may request, the Liaison Unit previously identified, or its
p.000025: equivalent, to modify the information contained in the personal data system. For said purpose, the interested
p.000025: party shall file a request of modification before the Liaison Unit or its equivalent, in which the personal data
p.000025: system in question and the modifications needed shall be stated, attached to all the documents that
p.000025: support said request. The office shall give the petitioner, within 30 days of the request, a letter
p.000025: certifying the carrying out of said modifications or, if it is the case, the reasons for which the information
p.000025: could not be modified.
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p.000025: Article 26
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p.000025: The appeal mentioned in Article 50 may be used against a negative response to a request for modification or correction
p.000025: of personal data. Said appeal may also be used in case the response is not received within the periods
p.000025: established in Article 24 and 25.
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p.000026: Chapter
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p.000026: Fees
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p.000026: Artículo 27
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p.000026: The fees to be paid in order to obtain information shall not exceed the amount of:
p.000026: I. The cost of materials used in the reproduction of the information; and
p.000026: II. The courier cost.
p.000026: The applicable fees shall be established in the Federal Law of Fees.
p.000026: All compelled bodies shall make their best efforts in order to reduce the costs of information delivery.
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p.000031: impact in the Institute, or if they have been sentenced for a severe crime that deserves corporal punishment.
p.000031: They shall remain in that position for a period of seven years, they may not be reelected, and while in office, they
p.000031: may not hold another job, position or commission, except in educational, scientific or charitable institutions.
p.000031: The resolutions issued by the Institute, shall not be subordinated to any authority and it shall make its own
p.000031: decisions with full independence and shall have the human and material resources needed for the
p.000031: performance of its duties.
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p.000033: 33
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p.000033: Article 35
p.000033:
p.000033: In order to be a commissioner it is necessary to:
p.000033: I. Be a Mexican citizen;
p.000033: II. Have never been sentenced for the perpetration of a fraudulent crime;
p.000033: III. Be at least thirty five years of age at the time of the appointment;
p.000033: IV. Have performed outstandingly in professional, public or academic activities related to the subject matter
p.000033: of this Law; and
p.000033: V. Have not been secretary of state, head of an administrative department, attorney general, senator, federal or
p.000033: local deputy, head of a political party or association, governor of any state, head of government of the Federal
p.000033: District, within a period of one year before the appointment.
p.000033:
p.000033:
p.000033: Article 36
p.000033:
p.000033: The Institute shall be chaired by a Commissioner, who shall be the legal representative of the
p.000033: same. He or she shall remain in said position for a period of two years, and can be reelected once and shall be elected
p.000033: by the rest of the commissioners.
p.000033: Article 37
p.000033: The Institute shall have the following powers:
p.000033: I. To interpret this Law, from the administrative point of view, based upon Article 6;
p.000033: II. To know and decide on the appeals filed by the petitioners;
p.000033: III. To establish and review the classification, declassification and custody criteria to be used for privileged
p.000033: and confidential information;
p.000033: IV. To help the National General Archives in the creation and use of the criteria for cataloguing and
p.000033: conservation of documents, as well as in organizing the archives of the departments and entities;
p.000033: V. To supervise, and in case of non fulfill- ment, make recommendations to the departments or entities so
p.000033: that the provisions of Article 7 are fulfilled;
p.000033: VI. To help and advise the petitioners in their requests to access information;
p.000033: VII. To give technical support to the departments or entities in the creation and execution of their
p.000033: information programs as set forth in Paragraph VI of Article 29;
p.000033: VIII. To create the forms to be completed for the request of access to information, as well as those to be used for
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p.000037: to be delivered should be stated, paying close attention to the preferences stated in the request. Exceptionally,
p.000037: this term can be extended, up to twenty more workdays, as long as there are justifying reasons and those are
p.000037: provided to the petitioner.
p.000037: The information shall be delivered within ten workdays after the date in which the Liaison Unit notified the
p.000037: availability of the same, and as long as the petitioner shows evidence of having paid the corresponding fees.
p.000037: The Regulations shall establish the manner and terms in which the requests of access to information shall be
p.000037: handled internally.
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p.000038: FEDERAL LAW
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p.000038: Article 45
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p.000038: In case the principal of the administrative unit has classified the documents as privileged or confidential, the
p.000038: request shall be immediately returned to the Committee of the department or entity in question, along with an official
p.000038: document stating the reasons for the classification, and the Committee itself must decide if:
p.000038: I. The classification is confirmed or modified, and thereby denying access to said information; or
p.000038: II. The classification is revoked, thereby granting access to said information.
p.000038: The Committee may have access to the documents found in the administrative unit. The resolution made by the
p.000038: Committee shall be submitted to the interested party within the term set forth in Article 44. In the case of a negative
p.000038: resolution, the Committee shall state the reasons and groundings for the decision and advise the petitioner what
p.000038: recourse may be used.
p.000038: Article 46
p.000038:
p.000038: When the documents are not found in the archives of the administrative unit, said unit shall send the request,
p.000038: along with an official letter, to the Committee. The Committee shall analyze the case and shall take all necessary
p.000038: steps to locate, in the department or entity, the requested document and shall decide accordingly. In case the
p.000038: document is not found, it shall issue a certification stating the non existence of said document and shall notify the
p.000038: petitioner, by means of the Liaison Unit, and within the term described in Article 44.
p.000038:
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p.000038: Article 47
p.000038:
p.000038: All requests for access to information and replies, including, if applicable, the information delivered, shall
p.000038: be public. Furthermore, the departments and entities shall make available this information to the general public,
p.000038: whenever possible, by remote means or local electronic ones.
p.000038:
p.000038:
p.000038: Article 48
p.000038:
p.000038: Liaison Units are not obligated to handle offensive requests for access to information, when they have
p.000038: already delivered identical information to the same petitioner, or when the information is already public. In these
p.000038: cases, it shall only remind the petitioner as to where the information can be found.
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p.000039: information described in the request.
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p.000039: Article 53
p.000039:
p.000039: The absence of reply to a request for access to information within the term set forth in Article 44 shall be deemed
p.000039: as a positive one, and the department or entity shall be obliged to grant access to the information within 10 workdays,
p.000039: and shall pay for all the expenses resulting from the reproduction of the material, unless the Institute
p.000039: determines that the documents are privileged or confidential.
p.000039: In order to fully comply with the provisions of the first paragraph of this Article, the Regulation shall implement
p.000039: an expedited procedure to correct those non-compliances from the departments and agencies
p.000039: regarding information delivery. For this effect, individuals can either present the evidence referred to in Article 17
p.000039: of the Federal Law of Administrative Procedures issued by the corresponding Liaison Unit, or either it shall be
p.000039: sufficient to present
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p.000041: copy of the original request, showing the date on which it was filed before the department or entity. In this latter
p.000041: case, the procedure will insure that they have the opportunity to demonstrate their timely and proper reply to
p.000041: the petitioner.
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p.000041: Article 54
p.000041:
p.000041: The appeal-making document shall include:
p.000041: I. The department or entity before which the request was filed;
p.000041: II. The name of the petitioner and the third interested party, if applicable, as well as the address or means by which
p.000041: the petitioner shall receive notifications;
p.000041: III. The date of the notification or when the petitioner knew about the contested act;
p.000041: IV. The act that is being contested and the list of petitions;
p.000041: V. A copy of the contested resolution, and if applicable, the corresponding notification; and
p.000041: VI. Any other element deemed as important to be filed before the Institute.
p.000041: Article 55
p.000041:
p.000041: Unless otherwise stated in Article 53, the Institute shall litigate the appeal based upon the following
p.000041: guidelines:
p.000041: I. Once the appeal has been filed, the President of the Institute shall send it to the Presenter Commissioner, who
p.000041: shall, within thirty workdays after the filing of the appeal, integrate the file and present a resolution draft
p.000041: to all the members of the Institute;
p.000041: II. All the members of the Institute shall determine when the hearings with the parties shall be
p.000041: discharged;
p.000041: III. During the proceeding, the burden-of-proof shall be applied in favor of the appellant, making sure that the
p.000041: parties are able to file, orally or in writing, the grounds and motivations for their arguments, and it shall
p.000041: allow them to file their allegations;
p.000041: IV. Initiatives and letters can be received electronically by means of a request made by the interested party;
p.000041: V. All Institute members shall definitely resolve, within twenty workdays from the presentation of the resolution
p.000041: draft; and
p.000041: VI. The resolutions made by all the Institute members shall be public.
p.000041: When there is justified cause, all Institute members can increase, only once and up to an equal period of time,
p.000041: those terms set forth in Paragraphs I and V of this Article.
p.000041: All privileged or confidential information which, if applicable, is requested by the Institute because it is
p.000041: indispensable for the resolution of the case, should be maintained as such and shall not be available in the file.
p.000041:
p.000042: 42
p.000042:
p.000042:
p.000042:
p.000042: FEDERAL LAW
p.000042:
p.000042:
p.000042:
p.000042: Article 56
p.000042:
p.000042: The resolutions of the Institute can:
p.000042: I. Reject the appeal because it is contrary to law or supersedes it;
p.000042: II. Confirm the decision of the Committee; or
p.000042: III. Revoke or modify the decisions of the Committee and recquire the department or entity to allow the
p.000042: interested party to access the requested information or personal data; the information should be either
p.000042: re-classified or modified.
p.000042: The resolutions, which should be in writing, shall state the time limit for their compliance and the procedures to
p.000042: insure their execution.
p.000042: If the Institute does not resolve within the time limit established in this Law, the contested resolution
p.000042: shall be deemed as confirmed.
p.000042: When the Institute determines, during the course of the procedure, that a public servant could have failed in
p.000042: their duties, the Institute should make it known to the internal control body of the department or entity in question,
p.000042: so that if applicable, it the corresponding procedings can be initiated.
p.000042: Article 57
p.000042:
p.000042: The appeal shall be rejected on the basis that it is contrary to law when:
p.000042: I. It is presented after the time limit stated in Article 49;
p.000042: II. The Institute was already aware of the respective appeal and had already resolved it definitely;
p.000042: III. A resolution that has not been issued by the Committee is contested; or
p.000042: IV. An appeal or means of defense has been filed by the appellant before the courts of the Federal Judicial Power.
p.000042:
p.000042: Article 58
p.000042:
p.000042: The appeal shall be superseded when:
p.000042: I. The appellant expressly withdraws the appeal;
p.000042: II. The appellant should die or, in the case of a corporation, it is dissolved;
p.000042: III. When the objection has been admitted, and there appears an unlawful motive under the terms of the
p.000042: present law; or
...
p.000056: direct the public regarding access to information matters. Computers with access to the Internet must be
p.000056: available within this same space, so that petitioners can access the information published in the corresponding
p.000056: department or entity website, as well as to promote electronically the requests hereby referred to. Furthermore,
p.000056: necessary printing equipment must be therein available in order to allow the users to print the desired
p.000056: information, as found in the mentioned Internet site.
p.000056:
p.000056:
p.000056: Article 10
p.000056:
p.000056: Departments and entities shall update the information included in Article 7 of the Law, at least every three
p.000056: months, unless otherwise indicated in this Regulation and/or other legal provisions.
p.000056: This information shall remain on the Internet website, at least, during its valid term.
p.000056: The principals of the administrative units shall be responsible for submitting the corresponding
p.000056: modifications to the department or entity Liaison Unit.
p.000056:
p.000056:
p.000056:
p.000056:
p.000056:
p.000058: 58
p.000058:
p.000058:
p.000058:
p.000058: REGULATIONS
p.000058:
p.000058:
p.000058:
p.000058:
p.000058: Article 11
p.000058:
p.000058: Petitioners shall inform the Institute about any refusal or inefficient service, as well as about any updating
p.000058: failure of an Internet site, as referred to in the previous paragraphs. The Institute shall issue recommendations
p.000058: to ensure and improve such services and will promote that the interested party receives the corresponding
p.000058: information.
p.000058:
p.000058:
p.000058: Article 12
p.000058:
p.000058: The information referred to in paragraphs I, II, V, VIII and XIV of Article 7 of the Law shall be updated within a term
p.000058: of no more than ten workdays from the date it was modified.
p.000058:
p.000058:
p.000058: Article 13
p.000058:
p.000058: The Directory of Public Servants mentioned in paragraph III of Article 7 of the Law shall include name,
p.000058: position, level of such position within the organization structure, telephone number, mail address and, if
p.000058: available, fax number and electronic address.
p.000058: Article 14
p.000058:
p.000058: Regarding information related to public servants remunerations, as stated in paragraph IV of Article 7
p.000058: of the Law, departments and entities are responsible for the publication of the gross and net
p.000058: compensation rates, as well as the corresponding fringe benefits of the permanent staff, the
p.000058: staff of trust, and free-lance personnel. Furthermore, departments and entities shall disclose the
p.000058: total number of positions and free lancers, specifying the vacancies available per administrative unit.
p.000058:
p.000058: Article 15
p.000058:
p.000058: Those departments and entities subject to item A of the Third Chapter of the Federal Law of Administrative
p.000058: Procedures shall publish their procedures and forms by means of an Internet link from their site to the
p.000058: Federal Registry of Procedures and Services website. Those that are not subject to that Chapter must publish such
p.000058: forms on their own Internet websites and, whenever procedural, they must include elements that are
...
p.000084: Chapter
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084: On Access to Information Procedures
p.000084:
p.000084:
p.000084:
p.000084:
p.000084: Article 66
p.000084:
p.000084: Regarding Article 40 of the Law, access to information requests can be filed by personal document, by the
p.000084: forms created by the Institute for such purpose or by the system thereby established. Both the forms and the system
p.000084: must be available in the Liaison Units, facilities, representations and delegations that have enabled public servants,
p.000084: as well as in the departments, entities and Institute Internet Web Sites.
p.000084: The petitioner can indicate which person or persons are authorized to file, if necessary, the appeals referred to in
p.000084: Articles 49 and 50 of the Law in his/her request document.
p.000084: The requests for access to information can be presented personally or through a representative at
p.000084: the address of the corresponding department or entity Liaison Unit or in the address of its
p.000084: facilities, representations or delegations that have enabled public servants. Furthermore, such request can be
p.000084: filed by certified mail or courier with acknowledged receipt and electronically through the system thereby established
p.000084: by the Institute for such purpose. In any event, the Institute shall confirm or send to the petitioner a receipt
p.000084: clearly acknowledging the corresponding filing date.
p.000084: Article 67
p.000084:
p.000084: The representation referred to in Article 40 of the Law can be held by an authorized third party with
p.000084: power-of-attorney signed before two witnesses with no need of previous signature ratification or any other
p.000084: formality. The representation cannot be accepted when the access request is made by electronic means.
p.000084:
p.000084:
p.000084: Article 68
p.000084:
p.000084: Those petitioners must indicate when completing their request for access to information, the
p.000084: mechanism to be used for the corresponding resolution notification, pursuant Article 44 of the Law. Such notification
p.000084: can be:
p.000084: I. Personally or through a representative in the Liaison Unit address or in their facilities, representations and
p.000084: delegations that have enabled public servants;
p.000084: II. By certified mail or courier with acknowledged receipt, provided that in this latter case,
p.000084: the payment of the corresponding service is covered upon filing the request; and
p.000084: III. By electronic means through the system established by the Institute, in which case the petitioner must
p.000084: indicate that he/she accepts the same method to receive notifications. The department or entity must provide
p.000084: the petitioner with the password that allows him/her to access the system.
p.000084:
p.000084:
p.000086: 86
p.000086:
p.000086:
p.000086:
p.000086: REGULATIONS
p.000086:
p.000086:
p.000086:
p.000086:
p.000086:
p.000086:
p.000086: Whenever a petitioner files a request by electronic means through the Institute system, it shall be understood
p.000086: that he/she accepts that the notifications are made by the same system, except if it is indicated different manner to
...
p.000092:
p.000092: On Procedures before the Institute
p.000092:
p.000092:
p.000092:
p.000092:
p.000092: Article 82
p.000092:
p.000092: Pursuant to the provisions of Article 51 of the Law, the appeal set forth in Articles 49 and 50 of the same, is
p.000092: procedural. This appeal shall be substantiated according to the Law, to this Regulation, and for the not
p.000092: foreseen, to the provisions of the Federal Law of Administrative Procedures.
p.000092:
p.000092:
p.000092: Article 83
p.000092:
p.000092: Regarding of Articles 26, 49 and 50 of the Law, appeals can be filed by personal document, by the forms determined by
p.000092: the Institute for such effects, or through the system indicated by the Institute. Both the forms and the system shall
p.000092: be available at the Liaison Units, their facilities, representations and delegations, that have enabled
p.000092: public servants, as well as in the department, entities and Institute Web Sites.
p.000092: The filing of an appeal regarding the access to information procedures can be done personally or by a representative at
p.000092: the Institute’s address or in the site previously authorized by the same, as well as in the corresponding department or
p.000092: entity Liaison Unit.
p.000092: Such appeal can be delivered by certified mail or courier with acknowledged reception, and by electronic means through
p.000092: the Institute system; in any event, reception acknowledgment shall be submitted, confirmed or filed to the petitioner,
p.000092: clearly displaying the corresponding filing date.
p.000092:
p.000092:
p.000092: For appeals of requests for access to information, it shall not be necessary to certify the identity of the interested
p.000092: party and the representation can be held in terms of Article 84 of this Regulation. The electronically filed appeals
p.000092: must be filed by the interested party and in such case, representation is inadmissible.
p.000092: Regarding personal data, the owner of such personal data or his/her legal attorney must file the appeals.
p.000092: Furthermore, such appeal can be electronically filed, provided the petitioner has a certification of the
p.000092: electronic means of identification referred to in Article 69-C of the Federal Law of Administrative Procedures.
p.000092: The term referred to in Article 55 of the Law shall start counting one day after the Institute receives the
p.000092: appeal.
p.000092:
p.000092:
p.000092:
p.000092: Article 84
p.000092:
p.000092: The representation referred to in Article 49 of the Law must be demonstrated by power of attorney signed before two
p.000092: witnesses, with no need of previous signature ratification or any other formality.
p.000092: The representation can also be demonstrated by presenting the request for access to information that originated the
p.000092: contested resolution, in which the person that can file the procedural defense means has been expressly authorized to
p.000092: do so.
p.000092:
p.000094: 94
p.000094:
p.000094:
p.000094:
p.000094: REGULATIONS
p.000094:
p.000094:
p.000094:
p.000094:
p.000094: Article 85
p.000094:
p.000094: In compliance with paragraph IV of Article 55 of the Law, when the appeal is electronically filed, the contested
p.000094: resolution must be attached to the same electronic documents and, if applicable, a copy of the
p.000094: corresponding notification. Optionally, such documents can be reproduced in hard copies and sent to the
p.000094: Institute.
p.000094:
p.000094:
p.000094: Article 86
p.000094:
p.000094: Those petitioners filing appeals must state how they desire to be notified on the corresponding resolutions, pursuant
...
Searching for indicator political:
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p.000008: Information, without restrictions, by anyone, and from any place
p.000008: –either through the Internet, by mail or personally at the Liason Units– for any desired purposes. Neither the
p.000008: Law nor the IFAI can prejudge the juridical status of the individuals or their intentions as petitioners, though the
p.000008: IFAI it must try to characterize such information: should the government information be public,
p.000008: then anybody can have it.
p.000008: The enactment of this Law and its associated legal framework represent a qualitative leap in the democratic
p.000008: construction of the country, because its essential subject no longer alludes to the forms of access to power and
p.000008: the national representation, but to the democratic quality of the exercise of the
p.000008:
p.000008:
p.000008: INTRODUCTION
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008: power. The Federal Law of Transparency is a “second generation” democratic reform, where the subjects of the type
p.000008: of government, the state of rights and accountability are placed on the front and center for the benefit of
p.000008: governed.
p.000008: We believe that the legislation contains a regulatory framework the consequences of which will be
p.000008: experienced almost immediately, though especially in the short term, as it will generate a significant amount of
p.000008: change in the existing relationship between society and State, because now every decision, every omission,
p.000008: every action undertaken by public officers (institutional, administrative, budge-tary, political, etc.) shall be
p.000008: subject to the scrutiny of any individual at any time. Dozens, hundreds and even thousands of observers will be
p.000008: attentive and will have all the necessary tools to request such information, thereby creating a new, demanding
p.000008: context for all public officers of Mexico
p.000008:
p.000008: At the same time, the Law of Transparency wil provide for a better informed public discourse,
p.000008:
p.000008: as it will be supported by common information and accessible to everybody, by a readely available,
p.000008: documented, and filed official data, in order to make judgments, state an opinion or to make a better informed
p.000008: decision.
p.000008: Access to information, transparency, accountability, personal data protection, and the right to privacy are
p.000008: now on-going topics. They are inevitably a part of the current and future agenda of Mexico, to the benefit of its
p.000008: politics and culture.
p.000008:
p.000008:
p.000008:
p.000008: COMMISSIONERS:
p.000008: María Marván Laborde (PRESIDENT COMMISSIONER) Horacio Aguilar Álvarez de Alba
p.000008: Alonso Gómez Robledo Verduzco Juan Pablo Guerrero Amparán José Octavio López Presa
p.000008:
p.000009: 9
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000010: 10
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
...
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011: Chapter
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011: General Provisions
p.000011:
p.000011:
p.000011:
p.000011: FEDERAL LAW
p.000011:
p.000011:
p.000011:
p.000011: Article 1
p.000011:
p.000011: This law is mandatory for the government. Its purpose is to provide whatever is necessary in order to guarantee access,
p.000011: by any individual, to the information in the hands of any of the Powers of the Republic, any of the
p.000011: autonomous bodies and any other federal entity.
p.000011:
p.000011:
p.000011: Article 2
p.000011:
p.000011: All government information referred to this Law is deemed public and all individuals shall have access to said
p.000011: information based upon the provisions set forth in this Law.
p.000011: Article 3
p.000011:
p.000011: For the purposes of this Law, the following concepts shall mean:
p.000011: I. Committees: All information committees for each one of the departments and entities mentioned in Article
p.000011: 29 of this Law or the principals of those mentioned in Article 31;
p.000011: II. Personal Information or Data: All information concerning an individual, iden- tified or identifiable,
p.000011: including their ethnic or racial origin, or related to their physical, moral or emotional characteristics, their
p.000011: personal and family life, residence, telephone number, patrimony, ideology, political opinions, religious or
p.000011: philosophical beliefs or convictions, physical or mental health, sexual preferences, or any other similar
p.000011: preferences that could have an impact on their intimacy;
p.000011:
p.000011: III. Documents: All files, reports, tests, certificates, resolutions, official letters, correspondence,
p.000011: agreements, policies, guidelines, memos, contracts, covenants, orders, notes, memoranda, statistics or any other
p.000011: registry or record that documents the exercise of the abilities or activities of the compelled agencies and
p.000011: public servants, regardless of the source or the issuance date. Documents may be found in any means such as written,
p.000011: printed, oral, visual, electronic, informative, or holographic;
p.000011:
p.000011: IV. Departments and Entities: Those mentioned in the Organic Law of Federal Public Administration,
p.000011: including the Presidency of the Republic, decentralized
p.000011:
p.000013: 13
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013: bodies and the Attorney General’s Office of the Republic;
p.000013: V. Information: That contained in the documents created, obtained, acquired, transformed or kept by
p.000013: the compelled bodies for any title;
p.000013: VI. Privileged Information: Any information temporarily subjected to any of the exceptions provided in Articles
p.000013: 13 and 14 of this Law;
p.000013: VII. Institute: The Federal Institute of Access to Information created in Article 33 of this Law;
p.000013: VIII.Law: The Federal Law of Transparency and Access to Public Government Information;
p.000013: IX. Autonomous Constitutional Bodies: The Federal Electoral Institute, the National Commission of Human Rights,
p.000013: the Bank of Mexico, the universities and any other academic institutions of higher studies that have received
p.000013: autonomy by law, and any other organization established in the Political Constitution of the United Mexican
p.000013: States;
p.000013: X. Regulation: The regulation related to the Federal Executive Power, the Federal Law of Transparency and Access
p.000013: to Public Government Information;
p.000013: XI. Public Servants: Those mentioned in paragraph one of Article 108 of the Constitution and any other
p.000013: individuals that make use of or manage federal public resources.
p.000013:
p.000014: 14
p.000014:
p.000014: XII. National Security: Actions aimed to protect the integrity, stability, and permanence of the
p.000014: Mexican State, democratic governability, external defense and domestic security of the Federation, aimed to the
p.000014: general well being of the society and enabling the achievement of the goals of the Constitutional State;
p.000014: XIII.Personal Data System: The orderly set of personal data in the possession of a compelled agency;
p.000014: XIV. Compelled Bodies:
p.000014: a) The Federal Executive Power, the Federal Public Administration, and the Attorney General’s Office;
p.000014: b) The Federal Legislative Power, formed by the Chamber of Deputies and the Chamber of Senators, the Permanent
p.000014: Commission and any of its bodies;
p.000014: c) The Federal Judicial Power of the Federation and the Council of the Federal Judicature;
p.000014: d) Any autonomous constitutional body;
p.000014: e) Any federal administrative court, and
p.000014: f) Any other federal body.
p.000014: XV. Administrative Units: Those that in accordance with the rules of each of the compelled bodies have
p.000014: information based upon the powers conferred to them.
p.000014:
p.000014:
p.000014:
p.000014: FEDERAL LAW
p.000014:
p.000014:
p.000014:
p.000014: Article 4
...
p.000017: local electronic communication systems. All compelled bodies shall have available computing equipment so that the
p.000017: general public is able to obtain the information in a direct way or by means of hard copies. Furthermore, they shall
p.000017: offer support to the users that need it and provide all types of help regarding the procedures and services
p.000017: rendered.
p.000017: The departments and entities shall prepare the automation, presentation and content of their information, as well as
p.000017: its integration on line, based upon the terms of the Regulations and guidelines issued by the Institute.
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000018: 18
p.000018:
p.000018:
p.000018:
p.000018: FEDERAL LAW
p.000018:
p.000018:
p.000018:
p.000018: Article 10
p.000018:
p.000018: The bodies and entities shall make public, directly or through the Juridical Council of the Federal Executive or
p.000018: the Federal Commission of Regulation Improvements, based upon the provisions of the Regulations, and at least 20
p.000018: workdays prior to the date in which they are to be published or signed by the holder of the Federal Executive Power,
p.000018: the drafts and administrative provisions of a general nature mentioned in Article 4 of the Federal Law of
p.000018: Administrative Procedures, unless the Juridical Council of the Federal Executive or the Federal Commission
p.000018: of Regulation Improvements, accordingly determines that the publication of said information may compromise
p.000018: the results expected by law or it is an emergency situation, in conformance with that law.
p.000018: Article 11
p.000018:
p.000018: The reports presented by political parties and national political groupings before the Federal Electoral Institute, as
p.000018: well as the audits and verifications ordered by the Examining Commission of Public Resources of Political
p.000018: Parties and Groupings, shall be made public at the end of the corresponding examining procedure.
p.000018: Any citizen may request from the Federal Electoral Institute information concerning the use of public
p.000018: resources given to political parties and national political groupings.
p.000018:
p.000018:
p.000018: Article 12
p.000018:
p.000018: Compelled bodies shall make public all information regarding the amounts of, and the people receiving for
p.000018: any reason public resources, as well as reports delivered by said people regarding the use and destination of said
p.000018: public resources.
p.000018:
p.000018:
p.000018:
p.000018:
p.000018:
p.000018:
p.000018:
p.000018:
p.000018:
p.000018:
p.000019: 19
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019: Chapter
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019: Privileged and Confidential Information
p.000019:
p.000019:
p.000019:
p.000019: FEDERAL LAW
p.000019:
p.000019:
p.000019:
p.000019: Article 13
p.000019:
p.000019: Any information that could cause any of the following situations shall be deemed as privileged:
p.000019: I. Endanger the national security or national defense;
p.000019: II. Undermine the negotiations or international relations, including any information that the states
p.000019: or other international organizations give to the Mexican government characterized as confidential;
p.000019: III. Damage the financial, economic or monetary stability of the country;
p.000019: IV. Risk the life, health, or safety or any person;
p.000019: V. Serious damage in the verification of law fulfillment, crime prevention or persecution, law
p.000019: enforcement, tax revenue, migration control, the procedural strategies of judicial or administrative processes,
...
p.000031: contained in the Constitution and in this Law, if they have carried out actions or omissions that have an
p.000031: impact in the Institute, or if they have been sentenced for a severe crime that deserves corporal punishment.
p.000031: They shall remain in that position for a period of seven years, they may not be reelected, and while in office, they
p.000031: may not hold another job, position or commission, except in educational, scientific or charitable institutions.
p.000031: The resolutions issued by the Institute, shall not be subordinated to any authority and it shall make its own
p.000031: decisions with full independence and shall have the human and material resources needed for the
p.000031: performance of its duties.
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000033: 33
p.000033:
p.000033:
p.000033:
p.000033:
p.000033: Article 35
p.000033:
p.000033: In order to be a commissioner it is necessary to:
p.000033: I. Be a Mexican citizen;
p.000033: II. Have never been sentenced for the perpetration of a fraudulent crime;
p.000033: III. Be at least thirty five years of age at the time of the appointment;
p.000033: IV. Have performed outstandingly in professional, public or academic activities related to the subject matter
p.000033: of this Law; and
p.000033: V. Have not been secretary of state, head of an administrative department, attorney general, senator, federal or
p.000033: local deputy, head of a political party or association, governor of any state, head of government of the Federal
p.000033: District, within a period of one year before the appointment.
p.000033:
p.000033:
p.000033: Article 36
p.000033:
p.000033: The Institute shall be chaired by a Commissioner, who shall be the legal representative of the
p.000033: same. He or she shall remain in said position for a period of two years, and can be reelected once and shall be elected
p.000033: by the rest of the commissioners.
p.000033: Article 37
p.000033: The Institute shall have the following powers:
p.000033: I. To interpret this Law, from the administrative point of view, based upon Article 6;
p.000033: II. To know and decide on the appeals filed by the petitioners;
p.000033: III. To establish and review the classification, declassification and custody criteria to be used for privileged
p.000033: and confidential information;
p.000033: IV. To help the National General Archives in the creation and use of the criteria for cataloguing and
p.000033: conservation of documents, as well as in organizing the archives of the departments and entities;
p.000033: V. To supervise, and in case of non fulfill- ment, make recommendations to the departments or entities so
p.000033: that the provisions of Article 7 are fulfilled;
p.000033: VI. To help and advise the petitioners in their requests to access information;
p.000033: VII. To give technical support to the departments or entities in the creation and execution of their
p.000033: information programs as set forth in Paragraph VI of Article 29;
...
p.000048: the latest. During the exercise of first period, three commissioners shall conclude their position in
p.000048: four years, and can be ratified for a new period of 7 years. The Executive shall indicate in his
p.000048: designation the exercise period for each Commissioner.
p.000048: Sixth. The Federal Executive shall issue the Regulations of this Law within the year after it comes in full force and
p.000048: effect.
p.000048: Seventh. The Institute shall issue its internal bylaws within the year after the Law came in full force and effect.
p.000048: Eighth. The interested parties can present their requests for access to information or for access and correction
p.000048: of personal data one year after the Law is in full force and effect.
p.000048: Ninth. Except for what is provided in Article 53, Article 17 of the Federal Law for Administrative
p.000048: Procedures is not applicable to the present Law.
p.000048: Tenth. The compelled bodies should, at the latest on the 1st of January, 2005, complete the organization and
p.000048: functioning of their administrative files, as well as the publication of the guide referred to in Article 32.
p.000048: Eleventh. The Federal Budget of Expenditure for 2003 should establish the corresponding budget estimate in order to
p.000048: allow the adequate integration and functioning of the Institute.
p.000048:
p.000048:
p.000050: 50
p.000050:
p.000050:
p.000050:
p.000050: FEDERAL LAW
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050: In fulfillment of what is provided by Paragraph I of Article 89 of the Political Constitution of the United Mexican
p.000050: States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive
p.000050: Power, in Mexico City, Federal District, on the tenth day of the month of June of the year two thousand and two.-
p.000050: Vicente Fox Quesada.- A flourish.- Government Ministry, Santiago Creel Miranda.- A flourish.
p.000050:
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p.000052:
p.000052:
p.000052:
p.000052:
p.000052:
p.000052:
p.000052: REGULATIONS OF THE FEDERAL LAW
p.000052: OF TRANSPARENCY AND ACCES TO PUBLIC GOVERNMENT INFORMATION
p.000052: Published in the Federal Official Newspaper of June 11, 2003
p.000052:
p.000052:
p.000052:
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p.000053:
p.000053: Chapter
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053: General Provisions
p.000053:
p.000053:
p.000053: REGULATIONS
p.000053:
p.000053:
p.000053:
p.000053:
...
p.000100:
p.000100:
p.000100:
p.000100:
p.000100: Given in the Residence of the Federal Executive Power in Mexico City, Federal District on the tenth day of the month of
p.000100: June of the year two thousand and three. Vicente Fox Quesada.- A flourish.- The Secretary of State, Santiago Creel
p.000100: Miranda.- A flourish.- The Secretary of the Public Function, Eduardo Romero Ramos.- A flourish.
p.000100:
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p.000101: 101
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p.000102: 102
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p.000102:
p.000102:
p.000102:
p.000102:
p.000102:
p.000102:
p.000102: DECREE
p.000102: for the Creation of the Federal Institute
p.000102: of Access to Public Information
p.000102:
p.000102: Published in the Federal Official Newspaper on December 24th., 2002.
p.000102:
p.000102:
p.000102:
p.000102:
p.000102:
p.000102:
p.000102:
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p.000103: 103
p.000103:
p.000103:
p.000103:
p.000103: VICENTE FOX QUESADA, President of the United Mexican States, exercising the faculty that Article 89, fraction
p.000103: I, of the Political Constitution of the United Mexican States, bestows upon me; based on Articles 33, 34 and 36
p.000103: of the Federal Law on Transparency and Access to Public Government Information; 14 and 15 of the Federal Law of
p.000103: State-Owned Corporations and 21, 37 and 45 of the Organic Law on Federal Public Administration, and
p.000103:
p.000103: CONSIDERING
p.000103: That through a Decree published in the Official Federal Newspaper on June 11, 2002, the Federal Law on
p.000103: Transparency and Access to Government Public Information, introduced by the Honorable Congress, was enacted and
p.000103: published.
p.000103: That in the mentioned legal ordinance the Federal Institute of Access to Public Information was
p.000103: created, with operative, budgetary and decisive autonomy, fundamentally in charge of promoting the
p.000103: exercise of the right to access information; resolving the refusal of the requests for access to information and
p.000103: protecting personal details in the hands of government departments and entities.
p.000103: That the Law itself expressly foresees that for the effects of its resolutions the Institute will not be subordinated
p.000103: to any authority, will adopt its decisions with full independence and will have the human and material
p.000103: resources for the fulfillment of its duties.
p.000103: That the Federal Public Administration encompassess very diverse forms of administrative
...
p.000105: entity, pursuant the corresponding legislation.
p.000105: The Internal Comptroller, Principal of said body, as well as the holders of the auditing, complaints and
p.000105: responsibilities areas shall be appointed in terms of Article 37, fraction XII, of the Organic Law of
p.000105: Federal Public Administration and will exercise, in the area of their competence, the powers set forth in the
p.000105: appropriate ordinance, in the Federal Law of Semi-State Entities, in the Federal Law of Administrative
p.000105: Responsibilities of Public Servants and the other applicable dispositions.
p.000105:
p.000105:
p.000105:
p.000105:
p.000105:
p.000106: 106
p.000106:
p.000106:
p.000106:
p.000106: DECREE
p.000106:
p.000106:
p.000106:
p.000106: Article 10
p.000106: The Institute will have a surveillance body, with powers granted by the Federal Law of Semi-State Entities and
p.000106: other applicable dis- positions. The duty of the Commissioner will fall on the Principal of the internal
p.000106: control body.
p.000106: Pursuant to Article 33 of the Federal Law of Access to Public Government Information, the exercise of the attributes
p.000106: conferred to the Public Commissioner does not entail the evaluation of the performance of the
p.000106: substantial duties of the body or imply limitations or restrictions of any kind to the said duties. The
p.000106: Commissioner may only attend the sessions of the Plenum when it deals with matters related to the attributes referred
p.000106: to in Article 58 of the Federal Law of Semi-State Entities.
p.000106: Article 11
p.000106: Article 123, Section B, of the Political Constitution of the United Mexican States, and its
p.000106: provisions, will rule the labor relations of the Institute public servants.
p.000106:
p.000106:
p.000106: PROVISIONAL
p.000106:
p.000106: SOLE. The present Decree shall be in full force and effect on the day after it is publication in the Official Federal
p.000106: Newspaper.
p.000106:
p.000106:
p.000106:
p.000106:
p.000106:
p.000106:
p.000106:
p.000106:
p.000106: Given in the Residence of the Federal Executive Power, in Mexico City, on the twentieth day of the month of December
p.000106: two thousand two.- Vicente Fox Quesada.- Signed.- The Tax Minister, Jose Francisco Gil Diaz.- Signed.- Comptroller
p.000106: and Administrative Development Minister, Francisco Javier Barrio Terrazas.- Signed.
p.000106:
p.000106:
p.000106:
p.000106:
p.000107: 107
p.000107:
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p.000108: 108
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p.000108:
p.000108: ACCESS TO PUBLIC GOVERNMENT INFORMATION GUIDE
p.000108:
p.000108:
p.000108:
p.000108:
p.000108:
p.000108:
p.000108:
p.000108:
p.000108:
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p.000109: 109
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p.000109:
p.000109:
...
p.000110:
p.000110:
p.000110:
p.000110:
p.000110:
p.000110: Any school evaluation must be public.
p.000110:
p.000111: 111
p.000111:
p.000111:
p.000111:
p.000111: 2. Privileged and confidential information
p.000111:
p.000111:
p.000111: Any information is considered as privileged or confidential when its disclosure could endanger the national security,
p.000111: damage the relationships with other countries, destabilize the national economy, endanger the life, safety or health
p.000111: of any person or prevent the enforcement of the law, among other assumptions (for example, the police forces of all
p.000111: over the world withhold some information about public security to better serve their societies). In Mexico,
p.000111: information can remain as privileged or confidential for a maximum period of 12 years, but it can become public
p.000111: before such term if the reasons for its classificacion disappear. In order to deny access to privileged or
p.000111: confidential information, the departments and entities must legally justify such classificacion and must provide
p.000111: evidence that its disclosure could fall in some of the exceptions set forth by the Law.
p.000111:
p.000111: No authority can categorize as privileged or confidential any information related to grave violations of basic
p.000111: human rights, related to crimes against humanity, such as torture, or the “forced disappearance of people”.
p.000111: The law also protects privacy rights. Confidential information means personal data, such as address, telephone
p.000111: number, patrimony, religious or political beliefs, and health status, among other private information that individuals
p.000111: pro- vide to the government. In order to disclose it, the holder of such information must submitÇconsent to
p.000111: do so; otherwise there is no reason for it to become public. Confidential information is also that expressly
p.000111: categorized as such by any individual and provided to governmental departments and entities.
p.000111: The government can deny access both to privileged and confidential information. Nevertheless, petitioners,
p.000111: like yourself, can always call on IFAI for review, if the denial is not justified. It is the duty of IFAI to
p.000111: ensure for applicants, that such denial to access public information is properly grounded and motivated, so that
p.000111: the otherwise public government information can remain secret.
p.000111: For those documents that contain portions of privileged or confidential information, the departments and entities
p.000111: are in the obligated to disclose a public version of such documents, omitting the privileged or confidential
p.000111: portions.
p.000111:
p.000111:
p.000111:
p.000111:
p.000111:
p.000111:
p.000111:
p.000111:
p.000111:
p.000111: Law enforcement activities to prevent the trafficing of infants, is privileged information.
p.000111: The medical record of a patient is confidential information.
p.000111:
p.000112: 112
p.000112:
p.000112:
p.000112:
p.000112: ACCESS GUIDE
p.000112:
p.000112:
p.000112: 1. Departments and entities
p.000112:
p.000112:
p.000112:
p.000112:
p.000112: II.
...
Political / stateless persons
Searching for indicator nation:
(return to top)
p.000043:
p.000043:
p.000043: Article 59
p.000043:
p.000043: The resolutions of the Institute shall be definitive for the departments and entities. The petitioners can
p.000043: appeal before the Judicial Power of the Federation.
p.000043: The courts shall have access to privileged or confidential information when it is indispensable for the
p.000043: resolution of the matter and it has been used in a trial. Said information should be maintained as such and
p.000043: shall not be available in the judicial file.
p.000043:
p.000043:
p.000043: Article 60
p.000043:
p.000043: The affected petitioner can request before the Institute to reconsider a resolution once a year has elapsed from the
p.000043: date on which the Institute issued the resolution confirming the decision of a Committee;
p.000043: Said reconsideration must refer to the same request and must be resolved within a maximum of 60 days.
p.000043:
p.000043:
p.000043:
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p.000043:
p.000044: 44
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044: ACCESSXTOXINFORMATION FOR OTHER COMPELLED BODIES
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044: Chapter One
p.000044:
p.000044:
p.000044:
p.000044:
p.000044: Article 61
p.000044:
p.000044: The Federal Legislative Power, through the Chamber of Senators, the Chamber of Deputies, the Permanent
p.000044: Commission, the Federal Superior Auditing Office, Judicial Power of the Federation through the Supreme Court of
p.000044: Justice of the Nation, Council of the Federal Judicature, the Administration Commission of the Federal Electoral
p.000044: Tribunal, the autonomous constitutional bodies and the administrative tribunals, within their respective
p.000044: competence, shall establish by means of rules or agreements of a general character, the bodies, criteria and
p.000044: institutional procedures to make available access to information to the people, in compliance with the principles and
p.000044: time limits established in this Law.
p.000044:
p.000044: The issued provisions shall indicate, as applicable:
p.000044: I. The administrative units responsible for publishing the information referred to in Article 7;
p.000044: II. The Liaison Units or their equivalents;
p.000044: III. The Information Committee or its equivalent;
p.000044: IV. The classification and maintenance criteria and procedures for privileged or confidential information;
p.000044: V. The procedure for access to the information, including appeals, pursuant Article 49 and 50, and one of
p.000044: reconsideration under the terms of Article 60;
p.000044: VI. The procedures for access and correction of the personal data referred to in Article 24 and 25; and
p.000044:
p.000046: 46
p.000046:
p.000046:
p.000046: VII.An internal unit responsible for enforcing the Law, for resolvings appeals and other powers granted by this
p.000046: ordinance.
p.000046:
p.000046:
p.000046: Article 62
p.000046:
p.000046: The compelled bodies referred to in the previous Article shall render a yearly public report on those activities
...
Health / Cognitive Impairment
Searching for indicator impaired:
(return to top)
p.000019: commercially privileged or state confidential;
p.000019: II. Commercial, industrial, fiscal, banking, fiduciary or any other secret, deemed as such by a legal provision;
p.000019: III. Preliminary findings;
p.000019: IV. Judicial files or files of administrative proceedings that are still under trial and have not been decreed;
p.000019: V. Responsibility proceedings of public servants, as long as the final administrative resolution
p.000019: has not been taken or the definitive jurisdictional decision has not been made; or
p.000019: VI. If it contains the opinions, recommendations, or points of view involved in a judicial
p.000019: process of public servants, as long as the process is still pending sentence, which shall be
p.000019: documented.
p.000019: When the period of temporary restriction of information is finished or when the causes that originated the
p.000019: restriction of the information mentioned in Paragraphs III and IV of this Article have expired, the information
p.000019: should be made public, protecting only the confidential information contained therein.
p.000019: In case of severe violation of fundamental rights or crimes against humanity the information found in
p.000019: the investigations may not be deemed privileged.
p.000019:
p.000021: 21
p.000021:
p.000021:
p.000021:
p.000021:
p.000021: Article 15
p.000021: Privileged information, according to Articles 13 and 14, may remain as such for a period of up to twelve years.
p.000021: Said information may be declassified when the causes that originated said characterization are terminated or when
p.000021: the reserve period has been completed. The availability of said information shall not be impaired by whatever
p.000021: is stated in other compelled laws.
p.000021: The Institute, based upon the Regulations, or based upon the office mentioned in Article 61, shall establish the
p.000021: classification criteria for privileged or confidential information.
p.000021: Exceptionally, compelled bodies may request from the Institute or the office in question, based upon Article
p.000021: 61, an extension of the reserve period, as long as they are able to prove that the causes that originated the
p.000021: reserve period are still in existence.
p.000021: Article 16
p.000021: The principals of the administrative units shall be responsible for the information classification in
p.000021: compliance with the criteria established in this Law, its Regulation and the guidelines issued by the Institute or
p.000021: the equivalent office mentioned in Article 61, accordingly.
p.000021:
p.000021:
p.000021: Article 17
p.000021:
p.000021: The administrative units shall create, every six months and for each topic, a list including all the files
p.000021: characterized as privileged or confidential. Said list shall indicate the administrative unit that
p.000021: generated the information, the date of the classification, the grounds, the reserve period, or, if it is the case,
p.000021: those portions of the documents that are privileged or confidential. This list shall never be deemed as
p.000021: privileged or confidential information.
p.000021: The principals of said department or entity shall take all necessary measures to ensure the custody and conservation of
p.000021: privileged or confidential files.
p.000021: At any time, the Institute shall have access to privileged or confidential information to determine its
...
Health / Drug Usage
Searching for indicator drug:
(return to top)
p.000030: an organized archive; and
p.000030:
p.000030:
p.000030:
p.000030: FEDERAL LAW
p.000030:
p.000030:
p.000030:
p.000030:
p.000030:
p.000030: VII. Create and send to the Institute, based upon the guidelines of the same, all necessary data for the
p.000030: creation of an annual report, as mentioned in Article 39.
p.000030:
p.000030:
p.000030: Article 30
p.000030:
p.000030: Each committee shall be formed by:
p.000030: I. One public servant appointed by the principal of the department or entity;
p.000030: II. The principal of the Liaison Unit; and
p.000030: III. The principal of the internal control body of each department or entity.
p.000030: The committee shall make their decision by majority of votes.
p.000030: Article 32
p.000030:
p.000030: The National General Archive shall be responsible for the creation, in coordination with the Institute,
p.000030: of the criteria to be used to catalogue, characterize and handle administrative documents, as well as for
p.000030: the organization of the archives of the departments or entities. Said criteria shall take into account
p.000030: international standards and best practices that already exist on that matter.
p.000030: The principals of the departments and entities, based upon applicable provisions, shall make sure that the
p.000030: archives are functioning accordingly. Furthermore, they shall create and make available to the public a simple
p.000030: guide about their cataloguing and classification systems, as well as the organization of the archive.
p.000030:
p.000030:
p.000030: Article 31
p.000030:
p.000030: The Center of Investigation and National Security; the Drug Control Planning Center; the Intelligence
p.000030: Coordination Direction of the Preventive Federal Police; the Unit against Organized Crime; Presidential Secret
p.000030: Service; the Secret Service of the Army; the Secret Service of the Navy; or the administrative units in lieu of the
p.000030: above, shall not be subjected to the authority of the Committees mentioned in Article 29, and their
p.000030: functions are the sole responsibility of the principal of each administrative unit.
p.000030:
p.000031: 31
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031: Chapter
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031: Federal Institute of Access to Public Information (IFAI)
p.000031:
p.000031:
p.000031:
p.000031: FEDERAL LAW
p.000031:
p.000031:
p.000031:
p.000031: Article 33
p.000031:
p.000031: The Federal Institute of Access to Public Information is a body that belongs to the Federal Public
p.000031: Administration. It has operative, budget and decision making autonomy, and it is the body in charge of promoting
...
Health / Motherhood/Family
Searching for indicator family:
(return to top)
p.000010:
p.000011: 11
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011: COMMON PROVISIONS FOR COMPELLED BODIES
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011: Chapter
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011: General Provisions
p.000011:
p.000011:
p.000011:
p.000011: FEDERAL LAW
p.000011:
p.000011:
p.000011:
p.000011: Article 1
p.000011:
p.000011: This law is mandatory for the government. Its purpose is to provide whatever is necessary in order to guarantee access,
p.000011: by any individual, to the information in the hands of any of the Powers of the Republic, any of the
p.000011: autonomous bodies and any other federal entity.
p.000011:
p.000011:
p.000011: Article 2
p.000011:
p.000011: All government information referred to this Law is deemed public and all individuals shall have access to said
p.000011: information based upon the provisions set forth in this Law.
p.000011: Article 3
p.000011:
p.000011: For the purposes of this Law, the following concepts shall mean:
p.000011: I. Committees: All information committees for each one of the departments and entities mentioned in Article
p.000011: 29 of this Law or the principals of those mentioned in Article 31;
p.000011: II. Personal Information or Data: All information concerning an individual, iden- tified or identifiable,
p.000011: including their ethnic or racial origin, or related to their physical, moral or emotional characteristics, their
p.000011: personal and family life, residence, telephone number, patrimony, ideology, political opinions, religious or
p.000011: philosophical beliefs or convictions, physical or mental health, sexual preferences, or any other similar
p.000011: preferences that could have an impact on their intimacy;
p.000011:
p.000011: III. Documents: All files, reports, tests, certificates, resolutions, official letters, correspondence,
p.000011: agreements, policies, guidelines, memos, contracts, covenants, orders, notes, memoranda, statistics or any other
p.000011: registry or record that documents the exercise of the abilities or activities of the compelled agencies and
p.000011: public servants, regardless of the source or the issuance date. Documents may be found in any means such as written,
p.000011: printed, oral, visual, electronic, informative, or holographic;
p.000011:
p.000011: IV. Departments and Entities: Those mentioned in the Organic Law of Federal Public Administration,
p.000011: including the Presidency of the Republic, decentralized
p.000011:
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p.000013:
p.000013: bodies and the Attorney General’s Office of the Republic;
p.000013: V. Information: That contained in the documents created, obtained, acquired, transformed or kept by
p.000013: the compelled bodies for any title;
p.000013: VI. Privileged Information: Any information temporarily subjected to any of the exceptions provided in Articles
p.000013: 13 and 14 of this Law;
p.000013: VII. Institute: The Federal Institute of Access to Information created in Article 33 of this Law;
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p.000007:
p.000007: TRANSPARENCY,
p.000007: ACCESS TO
p.000007: INFØRMATION
p.000007: AND PERSONAL DATA
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007: REGULATORY FRAMEWORK
p.000007:
p.000007: TRANSPARENCY,
p.000007: ACCESSXTOXINFORMATION
p.000007: AND PERSONAL DATA
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007: REGULATORY FRAMEWORK
p.000007:
p.000007:
p.000007:
p.000007: GOVERNING BODY
p.000007:
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p.000007:
p.000007: Federal Institute for Access to Public Information (IFAI)
p.000007: Av. México 151, Col. Del Carmen Coyoacán, C.P. 04100, Delegación Coyoacán, México D.F. First Edition, IFAI, August 2004
p.000007: ISBN: 968-5954-06-2
p.000007: Printed in Mexico
p.000007:
p.000007:
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p.000007:
p.000007:
p.000007:
p.000007:
p.000007: María Marván Laborde
p.000007: PRESIDENT COMMISSIONER
p.000007:
p.000007:
p.000007:
p.000007: Horacio Aguilar Álvarez de Alba
p.000007: COMMISSIONER
p.000007:
p.000007: Juan Pablo Guerrero Amparán
p.000007: COMMISSIONER
p.000007:
p.000007: Alonso Gómez Robledo Verduzco
p.000007: COMMISSIONER
p.000007:
p.000007: José Octavio López Presa
p.000007: COMMISSIONER
p.000007:
p.000007:
p.000007:
p.000007: Ángel Trinidad Zaldívar
p.000007: EXECUTIVE SECRETARY
p.000007:
p.000007: Francisco Ciscomani Freaner
p.000007: SECRETARY OF RESOLUTIONS
p.000007:
p.000007: Edition in charge of:
p.000007: General Directorate of Attention to Society and Institutional Relations General Directorate of Social Communication
p.000007:
p.000007: Translation in charge of:
p.000007: General Directorate of Research and Studies
p.000007:
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p.000007:
p.000007: CONTENTS
p.000007:
p.000007:
p.000007:
p.000007:
p.000007: Introduction p.7
p.000007:
p.000007: Federal Law of Transparency
p.000007: and Access to Public Government Information p.11
p.000007:
p.000007: Regulations for the Federal Law on Transparency
p.000007: and Access to Public Government Information p.53
p.000007: Decree of Creation of the
p.000007:
p.000007: Federal Institute of Access
p.000007: to Public Information
p.000007: p.103
p.000007:
p.000007: Access Guide to Public Government Information
p.000007:
p.000007: Appendix A
p.000007: Transparency Obligations p.127
p.000007:
p.000007: Appendix B
p.000007: Terms and Cost
p.000007:
p.000007:
p.000007:
p.000007:
p.000007: INTRODUCTION
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007: The Federal Institute of Access to Public Information (IFAI) presents this first edition of the regulatory
p.000007: framework that governs the right of access to government public information in Mexico.
p.000007: It is an indispensable document for those who desire to study, understand, and especially, to exercise a fundamental
p.000007: right of modern life.
p.000007: This right is developed and deployed in two essential dimensions. The first one derives from a democratic demand:
p.000007: that the government becomes a truly public space, for everybody without regard to privileges or station. The
p.000007: second one, from a civil demand: for a society and State capable of strict respect for personal data.
p.000007: As of June 12, 2003, the Federal Law of Transparency and Access to Government Public Information forces the
p.000007: government to open its files. Now, every petitioner can request any document containing public
p.000007: information from any federal institution, and to obtain it in a fast and simple manner. With this law, the Mexican
p.000007: government is require to submit information on its performance, the use of public resources and their results.
p.000007: Individuals can use all public information to better evaluate their government. In this manner, transparency
p.000007: contributes to the reduction of impunity and corruption.
p.000007: In certain cases, defined by the Law as exceptions, the information under the custody of the Federal
p.000007: Government is privileged or confidential. For example, it is considered privileged when its disclosure
p.000007: jeopardizes national security or the life of any individual. Furthermore, the concept of confidential information
p.000007: is related to personal data, disclosure of which would undermine the right of privacy of individuals.
p.000007: The new legislation was passed in 2002, as a result of the participation of civil society who submitted their own
p.000007: initiative to the
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p.000007:
p.000007: Congress. The Executive along with the legislators, also participated in its creation and it passed
p.000007: unanimously.
p.000007: The Law created the IFAI as an independent organization with the necessary autonomy and authority to enforce
p.000007: the Law, review those cases in which the authorities deny access to information and determine whether the
p.000007: requested information is public, privileged or confidential.
p.000007: Subsequently, the IFAI is putting this document which contains the folowing subjects:
p.000007: • The Federal Law of Transparency and Access to Government Public Information;
p.000007: • The regulations of the Law, applicable to Federal Public Administration departments and entities;
p.000007: • The Decree that created the IFAI;
p.000007: • The Access to Information Guide, a document created by the IFAI –and ordered by the Law– whose objective
p.000007: is to clearly explain the avenues that have been created to access information, and personal data, as well as correct
p.000007: inaccurate personal data;
p.000007:
p.000008: 8
p.000008: • Printed samples of filled-out information request forms, especially detailing each of the steps, costs, and
p.000008: terms involved, is also included.
p.000008: * * *
p.000008: The Federal Law of Transparency offers fast and clear channels with which to exercise the Right of Access to
p.000008: Information, without restrictions, by anyone, and from any place
p.000008: –either through the Internet, by mail or personally at the Liason Units– for any desired purposes. Neither the
p.000008: Law nor the IFAI can prejudge the juridical status of the individuals or their intentions as petitioners, though the
p.000008: IFAI it must try to characterize such information: should the government information be public,
p.000008: then anybody can have it.
p.000008: The enactment of this Law and its associated legal framework represent a qualitative leap in the democratic
p.000008: construction of the country, because its essential subject no longer alludes to the forms of access to power and
p.000008: the national representation, but to the democratic quality of the exercise of the
p.000008:
p.000008:
p.000008: INTRODUCTION
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008: power. The Federal Law of Transparency is a “second generation” democratic reform, where the subjects of the type
p.000008: of government, the state of rights and accountability are placed on the front and center for the benefit of
p.000008: governed.
p.000008: We believe that the legislation contains a regulatory framework the consequences of which will be
p.000008: experienced almost immediately, though especially in the short term, as it will generate a significant amount of
p.000008: change in the existing relationship between society and State, because now every decision, every omission,
p.000008: every action undertaken by public officers (institutional, administrative, budge-tary, political, etc.) shall be
p.000008: subject to the scrutiny of any individual at any time. Dozens, hundreds and even thousands of observers will be
p.000008: attentive and will have all the necessary tools to request such information, thereby creating a new, demanding
p.000008: context for all public officers of Mexico
p.000008:
p.000008: At the same time, the Law of Transparency wil provide for a better informed public discourse,
p.000008:
p.000008: as it will be supported by common information and accessible to everybody, by a readely available,
p.000008: documented, and filed official data, in order to make judgments, state an opinion or to make a better informed
p.000008: decision.
p.000008: Access to information, transparency, accountability, personal data protection, and the right to privacy are
p.000008: now on-going topics. They are inevitably a part of the current and future agenda of Mexico, to the benefit of its
p.000008: politics and culture.
p.000008:
p.000008:
p.000008:
p.000008: COMMISSIONERS:
p.000008: María Marván Laborde (PRESIDENT COMMISSIONER) Horacio Aguilar Álvarez de Alba
p.000008: Alonso Gómez Robledo Verduzco Juan Pablo Guerrero Amparán José Octavio López Presa
p.000008:
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p.000010:
p.000010:
p.000010: FEDERAL LAW OF TRANSPARENCY AND ACCESS TO
p.000010: PUBLIC GOVERNMENT INFORMATION
p.000010: Published in the Federal Official Newspaper on June 11, 2002
p.000010:
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p.000011:
p.000011: COMMON PROVISIONS FOR COMPELLED BODIES
p.000011:
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p.000011:
p.000011:
p.000011: Chapter
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011: General Provisions
p.000011:
p.000011:
p.000011:
p.000011: FEDERAL LAW
p.000011:
p.000011:
p.000011:
p.000011: Article 1
p.000011:
p.000011: This law is mandatory for the government. Its purpose is to provide whatever is necessary in order to guarantee access,
p.000011: by any individual, to the information in the hands of any of the Powers of the Republic, any of the
p.000011: autonomous bodies and any other federal entity.
p.000011:
p.000011:
p.000011: Article 2
p.000011:
p.000011: All government information referred to this Law is deemed public and all individuals shall have access to said
p.000011: information based upon the provisions set forth in this Law.
p.000011: Article 3
p.000011:
p.000011: For the purposes of this Law, the following concepts shall mean:
p.000011: I. Committees: All information committees for each one of the departments and entities mentioned in Article
p.000011: 29 of this Law or the principals of those mentioned in Article 31;
p.000011: II. Personal Information or Data: All information concerning an individual, iden- tified or identifiable,
p.000011: including their ethnic or racial origin, or related to their physical, moral or emotional characteristics, their
p.000011: personal and family life, residence, telephone number, patrimony, ideology, political opinions, religious or
p.000011: philosophical beliefs or convictions, physical or mental health, sexual preferences, or any other similar
p.000011: preferences that could have an impact on their intimacy;
p.000011:
p.000011: III. Documents: All files, reports, tests, certificates, resolutions, official letters, correspondence,
p.000011: agreements, policies, guidelines, memos, contracts, covenants, orders, notes, memoranda, statistics or any other
p.000011: registry or record that documents the exercise of the abilities or activities of the compelled agencies and
p.000011: public servants, regardless of the source or the issuance date. Documents may be found in any means such as written,
p.000011: printed, oral, visual, electronic, informative, or holographic;
p.000011:
p.000011: IV. Departments and Entities: Those mentioned in the Organic Law of Federal Public Administration,
p.000011: including the Presidency of the Republic, decentralized
p.000011:
p.000013: 13
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013: bodies and the Attorney General’s Office of the Republic;
p.000013: V. Information: That contained in the documents created, obtained, acquired, transformed or kept by
p.000013: the compelled bodies for any title;
p.000013: VI. Privileged Information: Any information temporarily subjected to any of the exceptions provided in Articles
p.000013: 13 and 14 of this Law;
p.000013: VII. Institute: The Federal Institute of Access to Information created in Article 33 of this Law;
p.000013: VIII.Law: The Federal Law of Transparency and Access to Public Government Information;
p.000013: IX. Autonomous Constitutional Bodies: The Federal Electoral Institute, the National Commission of Human Rights,
p.000013: the Bank of Mexico, the universities and any other academic institutions of higher studies that have received
p.000013: autonomy by law, and any other organization established in the Political Constitution of the United Mexican
p.000013: States;
p.000013: X. Regulation: The regulation related to the Federal Executive Power, the Federal Law of Transparency and Access
p.000013: to Public Government Information;
p.000013: XI. Public Servants: Those mentioned in paragraph one of Article 108 of the Constitution and any other
p.000013: individuals that make use of or manage federal public resources.
p.000013:
p.000014: 14
p.000014:
p.000014: XII. National Security: Actions aimed to protect the integrity, stability, and permanence of the
p.000014: Mexican State, democratic governability, external defense and domestic security of the Federation, aimed to the
p.000014: general well being of the society and enabling the achievement of the goals of the Constitutional State;
p.000014: XIII.Personal Data System: The orderly set of personal data in the possession of a compelled agency;
p.000014: XIV. Compelled Bodies:
p.000014: a) The Federal Executive Power, the Federal Public Administration, and the Attorney General’s Office;
p.000014: b) The Federal Legislative Power, formed by the Chamber of Deputies and the Chamber of Senators, the Permanent
p.000014: Commission and any of its bodies;
p.000014: c) The Federal Judicial Power of the Federation and the Council of the Federal Judicature;
p.000014: d) Any autonomous constitutional body;
p.000014: e) Any federal administrative court, and
p.000014: f) Any other federal body.
p.000014: XV. Administrative Units: Those that in accordance with the rules of each of the compelled bodies have
p.000014: information based upon the powers conferred to them.
p.000014:
p.000014:
p.000014:
p.000014: FEDERAL LAW
p.000014:
p.000014:
p.000014:
p.000014: Article 4
p.000014:
p.000014: The following are the objectives of this Law:
p.000014: I. Provide whatever is necessary so that any one may have access to information by means of simple and fast
p.000014: procedures.
p.000014: II. Make public management transparent by means of spreading the information created by the compelled bodies;
p.000014: III. Guarantee the protection of personal data in custody of the compelled bodies;
p.000014: IV. Promote accountability to citizens, so that they are able to assess the performance of the compelled bodies.
p.000014: V. Improve the organization, characterization, and management of documents, and
p.000014: VI. Contribute to the democratization of Mexican society and the full enforcement of a State of right.
p.000014: Article 5
p.000014:
p.000014: This Law is mandatory for all federal public servants.
p.000014:
p.000014:
p.000014: Article 6
p.000014:
p.000014: In the interpretation of this Law the principle of publicity of information in possession of the compelled bodies
p.000014: should be favored.
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p.000015:
p.000015:
p.000015: Chapter
p.000015:
p.000015:
p.000015: Transparency Obligations
p.000015:
p.000015:
p.000015:
p.000015: FEDERAL LAW
p.000015:
p.000015:
p.000015:
p.000015: Article 7
p.000015:
p.000015: Exception made for the information deemed by this Law as privileged or confidential, all compelled bodies shall have
p.000015: available and updated for the general public, based upon the Regulations and the guidelines issued by the Institute
p.000015: or the equivalent department mentioned in Article 61, the following information, among other:
p.000015: I. Its organizational structure;
p.000015: II. The powers of each one of the administrative units;
p.000015: III. The directory of public servants, from the level of department head or its equivalent;
p.000015: IV. The monthly wage per position, including the compensation system, according to the corresponding provisions;
p.000015: V. The address of the Liaison Unit, and the electronic address where requests for information can be sent;
p.000015: VI. The goals and objectives of the administrative units based upon their operative schedules;
p.000015: VII. Services rendered;
p.000015: VIII.Procedures, requirements and formats. In case they are registered before the Federal Registry of Procedures and
p.000015: Services or before the registry established for taxation purposes by the Tax Ministry, they shall be
p.000015: published as recorded.
p.000015:
p.000015:
p.000015: IX. Information on the allocated budget, as well as reports concerning its use, based upon the terms of the Federal
p.000015: Budget of Expenditure. For the case of the Federal Executive, said information shall be available for each
p.000015: department and entity at the Tax Ministry, which at the same time shall publish the economic situation, public
p.000015: finances and public debt, based upon the terms of said budget;
p.000015: X. The results of audits performed during the fiscal year of each compelled body and accordingly by the
p.000015: Comptroller and Administrative Development Ministry, internal comptrollers’ offices or the Federal Superior
p.000015: Auditing Office, and, if it is the case, they should also include any necessary clarification.
p.000015: XI. The design, execution, allocated amounts, and criteria used for access to subsidy programs. As well as
p.000015: the list of beneficiaries of all social programs established by the Decree of the Federal Budget of
p.000015: Expenditure;
p.000015: XII. Licenses, permits and authorizations granted, specifying the name of the principals;
p.000015: XIII.Hiring agreements entered into based, upon the corresponding legislation detailing each:
p.000015: a) Public works, goods acquired or leased, services rendered; in the case of studies or research the specific
p.000015: topic shall be stated;
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p.000017: b) The amount;
p.000017: c) Name of the supplier, contractor, or the company or individual with whom the agreement was entered, and
p.000017: d) The terms of said agreements.
p.000017: XIV.The regulatory framework corresponding to each compelled body;
p.000017: XV. The reports that the compelled bodies must create by law;
p.000017: XVI.If it is the case, the mechanism for citizens’ participation; and
p.000017: XVII. Any other piece of information that could be useful or that is considered relevant, besides those used
p.000017: statistically to answer the most common questions posed by the general public.
p.000017: The information referred to in this Article shall be published in such a way that it is easy to use and be understood
p.000017: by the people, and that assures its quality, veracity, promptness and reliability. All bodies and entities shall adhere
p.000017: to the recommendations issued by the Institute.
p.000017: Article 8
p.000017:
p.000017: The Judicial Power of the Federation shall make public all sentences that have been decreed, the
p.000017: parties may object the publication of their personal data.
p.000017:
p.000017:
p.000017: Article 9
p.000017:
...
p.000021: is stated in other compelled laws.
p.000021: The Institute, based upon the Regulations, or based upon the office mentioned in Article 61, shall establish the
p.000021: classification criteria for privileged or confidential information.
p.000021: Exceptionally, compelled bodies may request from the Institute or the office in question, based upon Article
p.000021: 61, an extension of the reserve period, as long as they are able to prove that the causes that originated the
p.000021: reserve period are still in existence.
p.000021: Article 16
p.000021: The principals of the administrative units shall be responsible for the information classification in
p.000021: compliance with the criteria established in this Law, its Regulation and the guidelines issued by the Institute or
p.000021: the equivalent office mentioned in Article 61, accordingly.
p.000021:
p.000021:
p.000021: Article 17
p.000021:
p.000021: The administrative units shall create, every six months and for each topic, a list including all the files
p.000021: characterized as privileged or confidential. Said list shall indicate the administrative unit that
p.000021: generated the information, the date of the classification, the grounds, the reserve period, or, if it is the case,
p.000021: those portions of the documents that are privileged or confidential. This list shall never be deemed as
p.000021: privileged or confidential information.
p.000021: The principals of said department or entity shall take all necessary measures to ensure the custody and conservation of
p.000021: privileged or confidential files.
p.000021: At any time, the Institute shall have access to privileged or confidential information to determine its
p.000021: correct classification, declassification or decision of granting access to that piece of information.
p.000021:
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p.000022:
p.000022: FEDERAL LAW
p.000022:
p.000022:
p.000022:
p.000022: Article 18
p.000022:
p.000022: The following information shall be deemed as confidential information:
p.000022: I. Any given as such by any person to compelled bodies, based upon Article 19; and
p.000022: II. Personal data that require the approval of the persons in order to be disclosed, distributed, or
p.000022: commercialized based upon the terms of this Law.
p.000022: The information found in public registries or sources that are publically available shall not be deemed confidential.
p.000022: Article 19
p.000022:
p.000022: When the involved parties deliver to the compelled bodies the information specified in Paragraph I of the
p.000022: previous Article, they shall state which documents contain confidential, reserved or commercially
p.000022: privileged information, as long as they have the right to reserve said information and based upon applicable
p.000022: provisions. In the case there is a request for access to information that contains confidential
p.000022: information, the compelled individuals shall disclose such, provided they have the approval of the owner of said
p.000022: confidential information.
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000023: 23
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023: Chapter
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023: Protection of Personal Data
p.000023:
p.000023:
p.000023:
p.000023: FEDERAL LAW
p.000023:
p.000023:
p.000023:
p.000023: Article 20
p.000023:
p.000023: The compelled bodies shall be responsible for all personal data and they shall:
p.000023: I. Adopt adequate procedures to receive and respond requests for access and correction of data, as well as to train
p.000023: public servants and provide information about the policies to protect said data, based upon the guidelines
p.000023: established for that purpose by the Institute or by the equivalent office mentioned in Article 61;
p.000023: II. Use personal data only when adequate and necessary for the purposes that were obtained and they shall never abuse
p.000023: their use;
p.000023: III. To give to interested parties, as soon as personal data is being collected, a document in which the purposes
p.000023: of its use is established, based upon the guidelines established by the Institute or by the equivalent office
p.000023: mentioned in Article 61;
p.000023: IV. Make sure that all personal data is exact and updated;
p.000023: V. Replace, rectify or complete, as a duty, all incorrect or inexact, either partial or totally, personal data
p.000023: as soon as they realize the existence of said inaccuracies;
p.000023: VI. Adopt all necessary measures to guarantee the security of personal data and avoid its alteration, loss, or
p.000023: unauthorized conveyance or access.
p.000023: Article 21
p.000023:
p.000023: Compelled bodies shall not be able to spread, distribute or commercialize personal data contained in information
p.000023: systems developed for the performance of their duties, unless there is an express approval, in writing or in any
p.000023: other similar manner, from the parties whose information is being disclosed.
p.000023:
p.000023:
p.000023: Article 22
p.000023:
p.000023: In the following cases it shall not be necessary to seek the approval of the owners of the information in order
p.000023: to disclose it:
p.000023: I. DECREE. (Published in the Federal Official Newspaper on May 11th., 2004).
p.000023: II. Information needed for statistical, scientific or other general purposes provided by Law, as long as said
p.000023: information is not related to the personal data of the person to whom the information belongs.
p.000023: III. When the information is conveyed between the compelled bodies or departments and entities, as long as the
p.000023: information is only used for the performance of their duties.
p.000023: IV. When a court order is issued;
p.000023: V. When given to third parties because their services are being hired and they need the personal data of the people
p.000023: involved. Said third parties may not use the personal data
p.000023:
p.000023:
p.000025: 25
p.000025:
p.000025:
p.000025:
p.000025:
p.000025: given to them for different purposes than those for which the information was given;
p.000025: VI. In any other case provided by law.
p.000025: further information about the same personal data system within a period shorter than twelve months from the date
p.000025: of the previous request, the cost shall be determined based upon Article 27.
p.000025:
p.000025:
p.000025:
p.000025:
p.000025: Article 23
p.000025:
...
p.000025: support said request. The office shall give the petitioner, within 30 days of the request, a letter
p.000025: certifying the carrying out of said modifications or, if it is the case, the reasons for which the information
p.000025: could not be modified.
p.000025:
p.000025:
p.000025: Article 26
p.000025:
p.000025: The appeal mentioned in Article 50 may be used against a negative response to a request for modification or correction
p.000025: of personal data. Said appeal may also be used in case the response is not received within the periods
p.000025: established in Article 24 and 25.
p.000025:
p.000025:
p.000026: 26
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026: Chapter
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026: Fees
p.000026:
p.000026:
p.000026:
p.000026: Artículo 27
p.000026:
p.000026: The fees to be paid in order to obtain information shall not exceed the amount of:
p.000026: I. The cost of materials used in the reproduction of the information; and
p.000026: II. The courier cost.
p.000026: The applicable fees shall be established in the Federal Law of Fees.
p.000026: All compelled bodies shall make their best efforts in order to reduce the costs of information delivery.
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000026:
p.000028: 28
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028: INFORMATION ACCESS IN THE FEDERAL EXECUTIVE POWER
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028: Chapter
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028: Liaison Units and Information Committees
p.000028:
p.000028:
p.000028:
p.000028:
p.000028: Article 28
p.000028:
p.000028: The principals of each one of the departments or entities shall appoint a Liaison Unit which shall have the following
p.000028: functions:
p.000028: I. Collect and disseminate the information mentioned in Article 7, furthermore, it shall encourage the
p.000028: administrative units to update said information periodically;
p.000028: II. Receive and process the information requests, mentioned in Articles 24, 25 and 40;
p.000028: III. Assist interested parties in the creation of requests and, if necessary, give them information about the
p.000028: departments, entities or other bodies that may have the data they need;
p.000028: IV. Carry out all needed internal procedures of each department or entity, in order to deliver requested information,
p.000028: and make all necessary notifications as is needed;
p.000028: V. Propose to the Committee internal procedures that will ensure better efficiency in the management
p.000028: of requests for access to information;
p.000028: VI. Enable the number of public servants that are necessary for each department or entity to receive and duely
p.000028: process the requests for access to information;
p.000028: VII. Keep a record of all requests for access to information, and results and costs.
p.000028: VIII.Any other action needed to guarantee and facilitate information flow before the department or entity and
p.000028: interested parties.
p.000028:
p.000030: 30
p.000030: Article 29
p.000030:
p.000030: Each department or entity shall have a Committee of Information which shall have the following functions:
p.000030: I. Coordination and supervision of all actions taken by the department or entity related to the granting
p.000030: of information provided by this Law;
p.000030: II. Implementation, in compliance with the Regulations of the necessary procedures to ensure the highest
p.000030: efficiency in the processing of requests for access to information;
p.000030: III. Confirmation, modification or revoking of the information classification determined by the principals of the
p.000030: administrative units of the department or entity;
p.000030: IV. Performance, through the Liaison Unit, of all necessary procedures to locate the administrative
p.000030: documents where requested information is located;
p.000030: V. Implementation and supervision of specific classification criteria for the department or entity, and
p.000030: the proper maintainance of all administrative documents, as well as, file organization, based upon the
p.000030: guidelines issued by the Institute and by the National General Archive, as applicable;
p.000030: VI. Creation of a program in order to facilitate the gathering of the information of the department or entity,
p.000030: which shall be periodically updated and which shall include all necessary steps to be followed in order to have
p.000030: an organized archive; and
p.000030:
p.000030:
p.000030:
p.000030: FEDERAL LAW
p.000030:
p.000030:
p.000030:
p.000030:
p.000030:
p.000030: VII. Create and send to the Institute, based upon the guidelines of the same, all necessary data for the
p.000030: creation of an annual report, as mentioned in Article 39.
p.000030:
p.000030:
p.000030: Article 30
p.000030:
p.000030: Each committee shall be formed by:
p.000030: I. One public servant appointed by the principal of the department or entity;
p.000030: II. The principal of the Liaison Unit; and
p.000030: III. The principal of the internal control body of each department or entity.
p.000030: The committee shall make their decision by majority of votes.
p.000030: Article 32
p.000030:
p.000030: The National General Archive shall be responsible for the creation, in coordination with the Institute,
...
p.000030: international standards and best practices that already exist on that matter.
p.000030: The principals of the departments and entities, based upon applicable provisions, shall make sure that the
p.000030: archives are functioning accordingly. Furthermore, they shall create and make available to the public a simple
p.000030: guide about their cataloguing and classification systems, as well as the organization of the archive.
p.000030:
p.000030:
p.000030: Article 31
p.000030:
p.000030: The Center of Investigation and National Security; the Drug Control Planning Center; the Intelligence
p.000030: Coordination Direction of the Preventive Federal Police; the Unit against Organized Crime; Presidential Secret
p.000030: Service; the Secret Service of the Army; the Secret Service of the Navy; or the administrative units in lieu of the
p.000030: above, shall not be subjected to the authority of the Committees mentioned in Article 29, and their
p.000030: functions are the sole responsibility of the principal of each administrative unit.
p.000030:
p.000031: 31
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031: Chapter
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031: Federal Institute of Access to Public Information (IFAI)
p.000031:
p.000031:
p.000031:
p.000031: FEDERAL LAW
p.000031:
p.000031:
p.000031:
p.000031: Article 33
p.000031:
p.000031: The Federal Institute of Access to Public Information is a body that belongs to the Federal Public
p.000031: Administration. It has operative, budget and decision making autonomy, and it is the body in charge of promoting
p.000031: and disseminate the use of the right of access to information; deciding if a request of access to information is
p.000031: accepted or denied; and, protecting all personal data under the custody of the departments and entities.
p.000031: Article 34
p.000031:
p.000031: The Institute is formed by four commissioners, who shall be appointed by the Federal Executive. The Chamber of
p.000031: Senators may object to said appointments by a majority of votes, and, when the chamber is in recess, the Permanent
p.000031: Commission shall have the same voting right. In any case, the legislative office in question shall have thirty days to
p.000031: decide, and once that period has expired and no resolution has been issued, it shall be deemed as if there
p.000031: were no objection to the appointment made by the Federal Executive.
p.000031:
p.000031: The commissioners should only be removed from their position if they have severely breached the provisions
p.000031: contained in the Constitution and in this Law, if they have carried out actions or omissions that have an
p.000031: impact in the Institute, or if they have been sentenced for a severe crime that deserves corporal punishment.
p.000031: They shall remain in that position for a period of seven years, they may not be reelected, and while in office, they
...
p.000033: of this Law; and
p.000033: V. Have not been secretary of state, head of an administrative department, attorney general, senator, federal or
p.000033: local deputy, head of a political party or association, governor of any state, head of government of the Federal
p.000033: District, within a period of one year before the appointment.
p.000033:
p.000033:
p.000033: Article 36
p.000033:
p.000033: The Institute shall be chaired by a Commissioner, who shall be the legal representative of the
p.000033: same. He or she shall remain in said position for a period of two years, and can be reelected once and shall be elected
p.000033: by the rest of the commissioners.
p.000033: Article 37
p.000033: The Institute shall have the following powers:
p.000033: I. To interpret this Law, from the administrative point of view, based upon Article 6;
p.000033: II. To know and decide on the appeals filed by the petitioners;
p.000033: III. To establish and review the classification, declassification and custody criteria to be used for privileged
p.000033: and confidential information;
p.000033: IV. To help the National General Archives in the creation and use of the criteria for cataloguing and
p.000033: conservation of documents, as well as in organizing the archives of the departments and entities;
p.000033: V. To supervise, and in case of non fulfill- ment, make recommendations to the departments or entities so
p.000033: that the provisions of Article 7 are fulfilled;
p.000033: VI. To help and advise the petitioners in their requests to access information;
p.000033: VII. To give technical support to the departments or entities in the creation and execution of their
p.000033: information programs as set forth in Paragraph VI of Article 29;
p.000033: VIII. To create the forms to be completed for the request of access to information, as well as those to be used for
p.000033: access and correction of personal data;
p.000033: IX. To establish guidelines and general policies for the management,
p.000033:
p.000034: 34
p.000034:
p.000034:
p.000034:
p.000034: FEDERAL LAW
p.000034:
p.000034:
p.000034:
p.000034:
p.000034:
p.000034: maintenance, safety and protection of personal data that are in the possession of departments and entities;
p.000034: X. To inform the internal control bodies of each department and entity, pursuant the last paragraph of
p.000034: Article 56, of probable infractions of this Law and its Regulations. The Institute shall be notified on any
p.000034: final resolution that the internal control bodies issue on such matters, and that have already been
p.000034: decreed, and the Institute shall make them public by means of its annual report;
p.000034: XI. To create the guide mentioned in Article 38;
p.000034: XII. To promote and, if applicable, carry out the training of public servants regarding access to information and
p.000034: protection of personal data matters;
p.000034: XIII. To spread among public servants and the general public the benefits of public management of information, as
p.000034: well as its responsibility for the good use and conservation of the same;
p.000034: XIV. To create and make public studies and investigations to disseminate and widen the knowledge about the subject
p.000034: matter of this Law;
p.000034: XV. To cooperate, regarding the subject mat- ter of this Law, with other compelled bodies, federal entities,
p.000034: municipalities or its other bodies of access to information, by entering agreements or programs;
p.000034: XVI. To create its internal Regulations and other operational standards;
p.000034: XVII. To appoint the public servants under its charge;
p.000034: XVIII.To prepare an annual budget plan, which shall be sent to the Tax Ministry in order to be included in the Federal
p.000034: Budget of Expenditure; and
p.000034: XIX. Any other power conferred by this Law, its Regulations and any other applicable provision.
p.000034:
p.000034:
p.000034: Article 38
p.000034:
p.000034: The Institute shall create a guide describing, in a clear and simple manner, the procedures to access information that
p.000034: are to be followed by the departments and entities.
p.000034:
p.000034: Article 39
p.000034:
p.000034: The Institute shall render an annual public report to the Hon. Congress about access to information, based upon
p.000034: the data supplied by the departments and entities, according to Articles 29, Paragraph VII. Said report shall
p.000034: include, at least, the number of requests of access to information filed before each department and entity, as
p.000034: well as the time of reply, number and result of cases under care of by the Institute, the current state of claims filed
p.000034: before the internal control bodies and the problems encountered during the fulfillment of the Law. For this purpose the
p.000034: Institute shall issue guidelines that it considers necessary.
p.000034:
p.000035: 35
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035: Chapter
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035: Access Procedure before the Department or Entity
p.000035:
p.000035:
p.000035:
p.000035: FEDERAL LAW
p.000035:
p.000035:
p.000035:
p.000035: Article 40
p.000035:
p.000035: Any person, or his/her representative may file, before the Liaison Unit, a request for access to information by means
p.000035: of a personal written document or by means of the forms that have been approved by the Institute. Said request shall
p.000035: include:
p.000035: I. Petitioner’s name and domicile or address where the petitioner may be notified, such as e-mail; and the
p.000035: personal data of the petitioner’s representative, if applicable;
p.000035: II. Clear and precise description of the documents being requested;
p.000035: III. Any other piece of information that could facilitate its location; and
p.000035: IV. The way in which the access to the information should be given is optional: this can be done verbally as
p.000035: long as it is only for consultation purposes or direct consultation, or simple or certified copies or a different
p.000035: type of means.
p.000035: If the information supplied by the petitioner is not enough to locate the documents or if such information is
p.000035: incorrect, the Liaison Unit may, only once and within a ten day period after the presentation of the request, ask the
p.000035: petitioner to give more information or to correct the original information. This prerequisite shall interrupt
p.000035: the term mentioned in Article 44.
p.000035: The Liaison Unit will help the petitioners in completing requests for access to information, especially
p.000035: in cases in which the petitioner is illiterate. In the case that the requested information does not belong to
p.000035: the department or entity to which it was
p.000035:
p.000035:
p.000035: requested, the Liaison Unit shall duly advise the petitioner as to which department or entity is the correct one.
p.000035: If the request has been filed before an administrative unit other than the Liaison Unit, the administrative
p.000035: unit shall advise the petitioner of the physical address of the corresponding Liaison Unit.
p.000035: Under no circumstance, can the information delivery be conditioned on the statement of the reason for requesting it and
p.000035: neither shall it be necessary to prove the reason for interest in the information.
p.000035:
p.000035: Article 41
p.000035:
p.000035: The Liaison Unit shall be the bridge between the department or entity and the petitioner, since it is the body
p.000035: responsible for carrying out the notifications mentioned in this Law. Furthermore, it shall perform all
p.000035: necessary procedures in the department or entity in order to facilitater the access to information.
p.000035:
p.000035: Article 42
p.000035:
p.000035: The departments and entities shall only be obliged to deliver those documents that they have in their files. The
p.000035: obligation of granting access to information shall be deemed covered when the documents requested have been made
p.000035: available to the petitioner; or, by the issuance of simple or certified copies or any other means.
p.000035:
p.000037: 37
p.000037:
p.000037:
p.000037:
p.000037:
p.000037:
p.000037:
p.000037: Access shall only be delivered in the manner in which the document in question allows it to be done, however, it shall
p.000037: be submitted either total or partially, according to the request.
p.000037: In the case that the requested information has already been made available to the general public in hard copies,
p.000037: such as books, outlines, brochures, public files, available electronic formats, Internet, or any other method,
p.000037: the source of the information shall be supplied in writing, as well as the place and manner in which it can
p.000037: be accessed, reproduced or acquired.
p.000037:
p.000037: Article 43
p.000037:
p.000037: The Liaison Unit shall submit the request to the administrative unit that has or could have the information, with
p.000037: location, and classification ratification, after which it will inform the Liaison Unit on the access method
p.000037: and availability, in order to determine the cost, if applicable.
p.000037: The administrative units may deliver documents with information classified as privileged or
p.000037: confidential, as long as it is possible to delete or eliminate the privileged or confidential portions in said
p.000037: documents. In such cases, those eliminated portions shall be summarized.
p.000037: Article 44
p.000037:
p.000037: The answer to the request shall be given to the petitioner as early as possible, and it shall not take longer than
p.000037: twenty workdays from the date the request was filed. Furthermore, the cost and manner in which the information is going
p.000037: to be delivered should be stated, paying close attention to the preferences stated in the request. Exceptionally,
p.000037: this term can be extended, up to twenty more workdays, as long as there are justifying reasons and those are
p.000037: provided to the petitioner.
p.000037: The information shall be delivered within ten workdays after the date in which the Liaison Unit notified the
p.000037: availability of the same, and as long as the petitioner shows evidence of having paid the corresponding fees.
p.000037: The Regulations shall establish the manner and terms in which the requests of access to information shall be
p.000037: handled internally.
p.000037:
p.000037:
p.000037:
p.000037:
p.000037:
p.000038: 38
p.000038:
p.000038:
p.000038:
p.000038: FEDERAL LAW
p.000038:
p.000038:
p.000038:
p.000038: Article 45
p.000038:
p.000038: In case the principal of the administrative unit has classified the documents as privileged or confidential, the
p.000038: request shall be immediately returned to the Committee of the department or entity in question, along with an official
p.000038: document stating the reasons for the classification, and the Committee itself must decide if:
p.000038: I. The classification is confirmed or modified, and thereby denying access to said information; or
p.000038: II. The classification is revoked, thereby granting access to said information.
p.000038: The Committee may have access to the documents found in the administrative unit. The resolution made by the
p.000038: Committee shall be submitted to the interested party within the term set forth in Article 44. In the case of a negative
p.000038: resolution, the Committee shall state the reasons and groundings for the decision and advise the petitioner what
p.000038: recourse may be used.
p.000038: Article 46
p.000038:
p.000038: When the documents are not found in the archives of the administrative unit, said unit shall send the request,
p.000038: along with an official letter, to the Committee. The Committee shall analyze the case and shall take all necessary
p.000038: steps to locate, in the department or entity, the requested document and shall decide accordingly. In case the
p.000038: document is not found, it shall issue a certification stating the non existence of said document and shall notify the
p.000038: petitioner, by means of the Liaison Unit, and within the term described in Article 44.
p.000038:
p.000038:
p.000038: Article 47
p.000038:
p.000038: All requests for access to information and replies, including, if applicable, the information delivered, shall
p.000038: be public. Furthermore, the departments and entities shall make available this information to the general public,
p.000038: whenever possible, by remote means or local electronic ones.
p.000038:
p.000038:
p.000038: Article 48
p.000038:
p.000038: Liaison Units are not obligated to handle offensive requests for access to information, when they have
p.000038: already delivered identical information to the same petitioner, or when the information is already public. In these
p.000038: cases, it shall only remind the petitioner as to where the information can be found.
p.000038:
p.000039: 39
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039: Chapter
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039: Procedings before the Institute
p.000039:
p.000039:
p.000039:
p.000039: FEDERAL LAW
p.000039:
p.000039:
p.000039:
p.000039: Article 49
p.000039:
p.000039: Any petitioner who has been notified, by means of a resolution of the Committee, of the denial to access
p.000039: information or the non-existence of the requested documents, may file, by themselves or through a
p.000039: representative, an appeal before the Institute or before the Liaison Unit that heard the case, within a period of
p.000039: fifteen workdays from the date of said notification. The Liaison Unit shall turn the case over to the Institute on the
p.000039: day following its reception.
p.000039: Article 51
p.000039:
p.000039: The appeal provided in Articles 49 and 50 shall also replace the one mentioned in Article 83 of the Federal Law of
p.000039: Administrative Procedures.
p.000039:
p.000039:
p.000039: Article 52
p.000039:
p.000039: The Institute shall correct any deficiencies found in the appeals filed by the interested parties.
p.000039:
p.000039:
p.000039: Article 50
p.000039:
p.000039: The appeal may also be filed if:
p.000039: I. The department or entity does not deliver to the petitioner the personal data requested, or does it in an
p.000039: incomprehensible format;
p.000039: II. The department or entity refuses to make modifications or corrections to personal data;
p.000039: III.The petitioner does not agree with the time, cost or manner of delivery; or
p.000039: IV.The petitioner considers that the information delivered is incomplete or does not correspond to the
p.000039: information described in the request.
p.000039:
p.000039: Article 53
p.000039:
p.000039: The absence of reply to a request for access to information within the term set forth in Article 44 shall be deemed
p.000039: as a positive one, and the department or entity shall be obliged to grant access to the information within 10 workdays,
p.000039: and shall pay for all the expenses resulting from the reproduction of the material, unless the Institute
p.000039: determines that the documents are privileged or confidential.
p.000039: In order to fully comply with the provisions of the first paragraph of this Article, the Regulation shall implement
p.000039: an expedited procedure to correct those non-compliances from the departments and agencies
p.000039: regarding information delivery. For this effect, individuals can either present the evidence referred to in Article 17
p.000039: of the Federal Law of Administrative Procedures issued by the corresponding Liaison Unit, or either it shall be
p.000039: sufficient to present
p.000039:
p.000039:
p.000041: 41
p.000041:
p.000041:
p.000041:
p.000041:
p.000041:
p.000041:
p.000041: copy of the original request, showing the date on which it was filed before the department or entity. In this latter
p.000041: case, the procedure will insure that they have the opportunity to demonstrate their timely and proper reply to
p.000041: the petitioner.
p.000041:
p.000041:
p.000041: Article 54
p.000041:
p.000041: The appeal-making document shall include:
p.000041: I. The department or entity before which the request was filed;
p.000041: II. The name of the petitioner and the third interested party, if applicable, as well as the address or means by which
p.000041: the petitioner shall receive notifications;
p.000041: III. The date of the notification or when the petitioner knew about the contested act;
p.000041: IV. The act that is being contested and the list of petitions;
p.000041: V. A copy of the contested resolution, and if applicable, the corresponding notification; and
p.000041: VI. Any other element deemed as important to be filed before the Institute.
...
p.000041: II. All the members of the Institute shall determine when the hearings with the parties shall be
p.000041: discharged;
p.000041: III. During the proceeding, the burden-of-proof shall be applied in favor of the appellant, making sure that the
p.000041: parties are able to file, orally or in writing, the grounds and motivations for their arguments, and it shall
p.000041: allow them to file their allegations;
p.000041: IV. Initiatives and letters can be received electronically by means of a request made by the interested party;
p.000041: V. All Institute members shall definitely resolve, within twenty workdays from the presentation of the resolution
p.000041: draft; and
p.000041: VI. The resolutions made by all the Institute members shall be public.
p.000041: When there is justified cause, all Institute members can increase, only once and up to an equal period of time,
p.000041: those terms set forth in Paragraphs I and V of this Article.
p.000041: All privileged or confidential information which, if applicable, is requested by the Institute because it is
p.000041: indispensable for the resolution of the case, should be maintained as such and shall not be available in the file.
p.000041:
p.000042: 42
p.000042:
p.000042:
p.000042:
p.000042: FEDERAL LAW
p.000042:
p.000042:
p.000042:
p.000042: Article 56
p.000042:
p.000042: The resolutions of the Institute can:
p.000042: I. Reject the appeal because it is contrary to law or supersedes it;
p.000042: II. Confirm the decision of the Committee; or
p.000042: III. Revoke or modify the decisions of the Committee and recquire the department or entity to allow the
p.000042: interested party to access the requested information or personal data; the information should be either
p.000042: re-classified or modified.
p.000042: The resolutions, which should be in writing, shall state the time limit for their compliance and the procedures to
p.000042: insure their execution.
p.000042: If the Institute does not resolve within the time limit established in this Law, the contested resolution
p.000042: shall be deemed as confirmed.
p.000042: When the Institute determines, during the course of the procedure, that a public servant could have failed in
p.000042: their duties, the Institute should make it known to the internal control body of the department or entity in question,
p.000042: so that if applicable, it the corresponding procedings can be initiated.
p.000042: Article 57
p.000042:
p.000042: The appeal shall be rejected on the basis that it is contrary to law when:
p.000042: I. It is presented after the time limit stated in Article 49;
p.000042: II. The Institute was already aware of the respective appeal and had already resolved it definitely;
p.000042: III. A resolution that has not been issued by the Committee is contested; or
p.000042: IV. An appeal or means of defense has been filed by the appellant before the courts of the Federal Judicial Power.
p.000042:
p.000042: Article 58
p.000042:
p.000042: The appeal shall be superseded when:
p.000042: I. The appellant expressly withdraws the appeal;
p.000042: II. The appellant should die or, in the case of a corporation, it is dissolved;
p.000042: III. When the objection has been admitted, and there appears an unlawful motive under the terms of the
p.000042: present law; or
p.000042: IV. The department or entity responsible for the act or resolution which was contested modifies or revokes it, and the
p.000042: appeal is null and void.
p.000042:
p.000042:
p.000043: 43
p.000043:
p.000043:
p.000043:
p.000043: Article 59
p.000043:
p.000043: The resolutions of the Institute shall be definitive for the departments and entities. The petitioners can
p.000043: appeal before the Judicial Power of the Federation.
p.000043: The courts shall have access to privileged or confidential information when it is indispensable for the
p.000043: resolution of the matter and it has been used in a trial. Said information should be maintained as such and
p.000043: shall not be available in the judicial file.
p.000043:
p.000043:
p.000043: Article 60
p.000043:
p.000043: The affected petitioner can request before the Institute to reconsider a resolution once a year has elapsed from the
p.000043: date on which the Institute issued the resolution confirming the decision of a Committee;
p.000043: Said reconsideration must refer to the same request and must be resolved within a maximum of 60 days.
p.000043:
p.000043:
p.000043:
p.000043:
p.000043:
p.000043:
p.000043:
p.000043:
p.000043:
p.000043:
p.000044: 44
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044: ACCESSXTOXINFORMATION FOR OTHER COMPELLED BODIES
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044: Chapter One
p.000044:
p.000044:
p.000044:
p.000044:
p.000044: Article 61
p.000044:
p.000044: The Federal Legislative Power, through the Chamber of Senators, the Chamber of Deputies, the Permanent
p.000044: Commission, the Federal Superior Auditing Office, Judicial Power of the Federation through the Supreme Court of
p.000044: Justice of the Nation, Council of the Federal Judicature, the Administration Commission of the Federal Electoral
p.000044: Tribunal, the autonomous constitutional bodies and the administrative tribunals, within their respective
p.000044: competence, shall establish by means of rules or agreements of a general character, the bodies, criteria and
p.000044: institutional procedures to make available access to information to the people, in compliance with the principles and
p.000044: time limits established in this Law.
p.000044:
p.000044: The issued provisions shall indicate, as applicable:
p.000044: I. The administrative units responsible for publishing the information referred to in Article 7;
p.000044: II. The Liaison Units or their equivalents;
p.000044: III. The Information Committee or its equivalent;
p.000044: IV. The classification and maintenance criteria and procedures for privileged or confidential information;
p.000044: V. The procedure for access to the information, including appeals, pursuant Article 49 and 50, and one of
p.000044: reconsideration under the terms of Article 60;
p.000044: VI. The procedures for access and correction of the personal data referred to in Article 24 and 25; and
p.000044:
p.000046: 46
p.000046:
p.000046:
p.000046: VII.An internal unit responsible for enforcing the Law, for resolvings appeals and other powers granted by this
p.000046: ordinance.
p.000046:
p.000046:
p.000046: Article 62
p.000046:
p.000046: The compelled bodies referred to in the previous Article shall render a yearly public report on those activities
p.000046: carried out to guarantee the access to information, following the guidelines set forth in Article 39, of which a
p.000046: copy is to be sent to the Institute.
p.000046:
p.000046:
p.000046:
p.000046:
p.000046:
p.000046:
p.000046:
p.000046:
p.000046: RESPONSIBILITIES AND SANCTIONS
p.000046:
p.000046:
p.000046:
p.000046: Chapter One
p.000046:
p.000046:
p.000046:
p.000046:
p.000046: Article 63
p.000046:
p.000046: The following shall be causes of administrative misconduct of public servants, due to non fulfillment of
p.000046: the obligations set forth in this Law:
p.000046: I. To use, remove, destroy, hide, disable, divulge, or alter, totally or partially, and in an undue manner,
p.000046: information which is under their custody, and to which they have access or knowledge due to their job, position
p.000046: or commission;
p.000046: II. To act with negligence, deceit or bad faith in the substantiation of the requests for access to information or
p.000046: propagation of information to which they are obliged according to this Law;
p.000046: III. To intentionally deny non-privileged or non-confidential information as if it were privileged or confidential,
p.000046: according to the Law;
p.000046: IV. To deceitfully classified as privileged, any information that does not fulfill the characteristics described
p.000046: in this Law. The sanction will only be procedural when there is a previous resolution by the Committee,
p.000046: the Institute, or equivalent instance, regarding the classification criteria of this type of information as
p.000046: set forth in Article 61;
p.000046: V. To deliver information considered as privileged or confidential in compliance with the provisions of this
p.000046: Law;
p.000046: VI. To intentionally deliver the information described in a request for access in an incomplete manner; and
p.000046:
p.000048: 48
p.000048:
p.000048:
p.000048: VII.To fail to provide the information when its disclosure has been ordered by the bodies referred to in previous
p.000048: Paragraph VI of this Article or by the Judicial Power of the Federation.
p.000048: The misconduct referred to in this Article or in any other, derived from the non compliance of the obligations set
p.000048: forth in this Law, shall be sanctioned under the terms of the Federal Law of Administrative Responsibilities
p.000048: of Public Servants.
p.000048: The violation stated in Paragraph VII or recurrence of the conduct mentioned in Paragraphs I to VI of
p.000048: this Article, shall be considered severe for effects of its administrative sanction.
p.000048:
p.000048: Article 64
p.000048:
p.000048: The administrative misconduct generated by the non fulfillment of the obligations referred to in the previous Article,
p.000048: are independent of those applicable of civil or penal order.
p.000048:
p.000048:
p.000048:
p.000048:
p.000048:
p.000048:
p.000048:
p.000048:
p.000048:
p.000048:
p.000048:
p.000048:
p.000048:
p.000048:
p.000048:
p.000048:
p.000048: TRANSITORIES
p.000048:
p.000048:
p.000048:
p.000048:
p.000048:
p.000048: First. This Law shall be in force the day after its publication in the Federal Official Newspaper, with the
p.000048: formalities described in the following Articles.
p.000048: Second. The publication of the information referred to in Article 7 must be carried out, at the latest, one year
p.000048: after the Law is in full force and effect.
p.000048: Third. The principals of the departments and entities of Public Federal Administration should designate the Liaison
p.000048: Units and the members of the Committees referred to in this Law, at the latest, six months after this ordinance is in
p.000048: force, and their functions are to begin simultaneously. Furthermore, they must notify the Comptroller’s
p.000048: and Administrative Development Ministry, which must publish the list of the Liaison Units in the Federal Official
p.000048: Newspaper. The creation of the structures referred to in this provision should be done with the allocated human,
p.000048: material and budget resources; therefore, they should not imply additional expenses.
p.000048:
p.000048: Fourth. The compelled bodies referred to in Article 61 should publish the corresponding provisions, at the latest one
p.000048: year after the Law is in full force and effect.
p.000048: Fifth. The designation of the first five commissioners must be made three months after the Law is in force, at
p.000048: the latest. During the exercise of first period, three commissioners shall conclude their position in
p.000048: four years, and can be ratified for a new period of 7 years. The Executive shall indicate in his
p.000048: designation the exercise period for each Commissioner.
p.000048: Sixth. The Federal Executive shall issue the Regulations of this Law within the year after it comes in full force and
p.000048: effect.
p.000048: Seventh. The Institute shall issue its internal bylaws within the year after the Law came in full force and effect.
p.000048: Eighth. The interested parties can present their requests for access to information or for access and correction
p.000048: of personal data one year after the Law is in full force and effect.
p.000048: Ninth. Except for what is provided in Article 53, Article 17 of the Federal Law for Administrative
p.000048: Procedures is not applicable to the present Law.
p.000048: Tenth. The compelled bodies should, at the latest on the 1st of January, 2005, complete the organization and
p.000048: functioning of their administrative files, as well as the publication of the guide referred to in Article 32.
p.000048: Eleventh. The Federal Budget of Expenditure for 2003 should establish the corresponding budget estimate in order to
p.000048: allow the adequate integration and functioning of the Institute.
p.000048:
p.000048:
p.000050: 50
p.000050:
p.000050:
p.000050:
p.000050: FEDERAL LAW
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050: In fulfillment of what is provided by Paragraph I of Article 89 of the Political Constitution of the United Mexican
p.000050: States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive
p.000050: Power, in Mexico City, Federal District, on the tenth day of the month of June of the year two thousand and two.-
p.000050: Vicente Fox Quesada.- A flourish.- Government Ministry, Santiago Creel Miranda.- A flourish.
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000051: 51
p.000051:
p.000051:
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p.000051:
p.000051:
p.000051:
p.000051:
p.000051:
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p.000051:
p.000051:
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p.000051:
p.000051:
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p.000051:
p.000051:
p.000051:
p.000051:
p.000051:
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p.000051:
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p.000051:
p.000051:
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p.000052: 52
p.000052:
p.000052:
p.000052:
p.000052:
p.000052:
p.000052:
p.000052:
p.000052:
p.000052:
p.000052:
p.000052: REGULATIONS OF THE FEDERAL LAW
p.000052: OF TRANSPARENCY AND ACCES TO PUBLIC GOVERNMENT INFORMATION
p.000052: Published in the Federal Official Newspaper of June 11, 2003
p.000052:
p.000052:
p.000052:
p.000052:
p.000052:
p.000052:
p.000052:
p.000052:
p.000052:
p.000053: 53
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053: Chapter
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053:
p.000053: General Provisions
p.000053:
p.000053:
p.000053: REGULATIONS
p.000053:
p.000053:
p.000053:
p.000053:
p.000053: Article 1
p.000053:
p.000053: These regulations have the purpose of regulating the provisions set forth in the Federal Law of
p.000053: Transparency and Access to Public Government Information, regarding the Federal Executive Power, its departments
p.000053: and entities and, generally, any other organization that is part of the Federal Public Administration.
p.000053:
p.000053: Article 2
p.000053:
p.000053: Aside from the definitions contained in Article
p.000053: 3 of the Federal Law of Transparency and Access to Public Government Information, for the effects of these
p.000053: regulations, the concepts listed below shall be understood as follows:
p.000053: I. Classification: Action by which it is determined that the information under the care of a department
p.000053: or entity is privileged or confidential;
p.000053: II. File: a set of documents;
p.000053: III. Guidelines: those administrative acts with a general character issued by the Full Institute and which
p.000053: have mandatory observance;
p.000053: IV. Publication: the reproduction by electronic or printed means of the information contained in documents to be
p.000053: disclosed to the public;
p.000053: V. Recommendations: opinions, proposals, suggestions, comments and other acts issued by the Institute;
p.000053:
p.000053:
p.000053: VI. Public resources: human, financial and material resources available to a department, entity or
p.000053: any other federal organization and that is used to accomplish its objectives and produce goods, or
p.000053: provide services within its competence; and
p.000053: VII. Enabled public servants: Public servants capable of receiving and processing requests for access
p.000053: to information, personal data and their correction, in administrative units other than the Liaison Unit of a
p.000053: department or entity.
p.000053:
p.000053:
p.000053: Article 3
p.000053:
p.000053: Petitioners can request from the departments and entities hard copies of the information available to the public by
p.000053: electronic means. For such effects, the departments and entities will observe the provisions set forth in Article 9 of
p.000053: this Code.
p.000053:
p.000055: 55
p.000055:
p.000055:
p.000055:
p.000055:
p.000055: Article 4
p.000055:
p.000055: Newly created departments and entities will have a term of six months from the date of their creation, pursuant to the
p.000055: corresponding juridical instrument, to comply with the obligations stated in the Law, this Regulation and the
p.000055: guidelines issued by the Institute. In the case of mergers, the combined entity must comply with the obligations that
p.000055: correspond to those that were merged.
p.000055:
p.000055:
p.000055: Article 5
p.000055:
p.000055: The departments and entities can establish collaboration mechanisms with each other or with the Institute to
p.000055: fulfill the obligations set forth in the Law, this Regulation and the guidelines issued by the Institute,
p.000055: particularly regarding transparency obligations, procedures for the access to information, personal
p.000055: data and its correction, as well as for the implementation and operation of the Liaison Units and Committees.
p.000055: Article 6
p.000055:
p.000055: The Institute will issue the necessary guidelines and recommendations to ensure and promote the fulfillment of the Law
p.000055: and this Regulation.
p.000055:
p.000055:
p.000055: Article 7
p.000055:
p.000055: The Federal Law of Administrative Procedures shall be applied as a supporting law in all of that is not against the
p.000055: Law.
p.000055:
p.000055:
p.000055:
p.000055:
p.000055:
p.000055:
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p.000056:
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p.000056:
p.000056:
p.000056:
p.000056:
p.000056:
p.000056: Chapter
p.000056:
p.000056:
p.000056: Transparency Obligations
p.000056:
p.000056:
p.000056:
p.000056:
p.000056: Article 8
p.000056:
p.000056: Departments and entities must make available to the public all information contained in article 7,
p.000056: according to the following:
p.000056: I. Each department and/or entity Liaison Unit shall be responsible for the public availability of the
p.000056: information;
p.000056: II. The information must be readily available from a general public accessible Internet website, visible from the
p.000056: department or entity’s website homepage, indicating its update date, as well the Internet link to the Institute.
p.000056: III. The information must be presented in a clear and complete manner, insuring its quality, truthfulness,
p.000056: opportunity and reliability; and
p.000056: IV. The same Internet websites must provide the electronic addresses, postal addresses and telephone numbers of the
p.000056: Liaison Unity, the names of the enabled public officers and the name of the individual responsible for the
p.000056: mentioned site.
p.000056: Information referred to in Article 7 of the Law can be classified pursuant Articles 26 and 27 of this Regulation.
p.000056: Article 9
p.000056:
p.000056: All departments and entities must create a physical area and appoint the necessary personnel to address and
p.000056: direct the public regarding access to information matters. Computers with access to the Internet must be
p.000056: available within this same space, so that petitioners can access the information published in the corresponding
p.000056: department or entity website, as well as to promote electronically the requests hereby referred to. Furthermore,
p.000056: necessary printing equipment must be therein available in order to allow the users to print the desired
p.000056: information, as found in the mentioned Internet site.
p.000056:
p.000056:
p.000056: Article 10
p.000056:
p.000056: Departments and entities shall update the information included in Article 7 of the Law, at least every three
p.000056: months, unless otherwise indicated in this Regulation and/or other legal provisions.
p.000056: This information shall remain on the Internet website, at least, during its valid term.
p.000056: The principals of the administrative units shall be responsible for submitting the corresponding
p.000056: modifications to the department or entity Liaison Unit.
p.000056:
p.000056:
p.000056:
p.000056:
p.000056:
p.000058: 58
p.000058:
p.000058:
p.000058:
p.000058: REGULATIONS
p.000058:
p.000058:
p.000058:
p.000058:
p.000058: Article 11
p.000058:
p.000058: Petitioners shall inform the Institute about any refusal or inefficient service, as well as about any updating
p.000058: failure of an Internet site, as referred to in the previous paragraphs. The Institute shall issue recommendations
p.000058: to ensure and improve such services and will promote that the interested party receives the corresponding
p.000058: information.
p.000058:
p.000058:
p.000058: Article 12
p.000058:
p.000058: The information referred to in paragraphs I, II, V, VIII and XIV of Article 7 of the Law shall be updated within a term
p.000058: of no more than ten workdays from the date it was modified.
p.000058:
p.000058:
p.000058: Article 13
p.000058:
...
p.000063: Juridical Council of the Federal Executive shall publish them in the terms of the previous Article.
p.000063: The departments and entities shall request the special treatment stated in Article 10 of the Law to the Juridical
p.000063: Council of the Federal Executive. Regarding drafts of laws, the Juridical Council will consider the constitutional and
p.000063: legal terms, as well as the session terms of the Congress.
p.000063: In the special treatment requests mentioned in this Article, the departments and entities must provide the
p.000063: justification of the emergency, or those that prove that the advanced disclosure could compromise the effects that are
p.000063: intended to be achieved by such provision.
p.000063: General administrative acts derived from the administrative procedures related to disloyal international trade
p.000063: practices, as set forth in the Law of Foreign Trade, are free form the pre-disclosure obligation, as it is
p.000063: considered that the intended effects could be compromised.
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p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065: Chapter
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065: Information Classification
p.000065:
p.000065:
p.000065: REGULATIONS
p.000065:
p.000065:
p.000065:
p.000065:
p.000065: Article 26
p.000065:
p.000065: The departments and entities administrative unit principals will classify the information when:
p.000065: I. The information is generated, obtained, acquired or transformed; or
p.000065: II. A request for access to the information is received, in the case of documents with no previous categorization.
p.000065: Article 28
p.000065:
p.000065: The Institute will set the guidelines containing the criteria for the classification, declassification and
p.000065: custody of privileged and confidential information. The Committees shall establish specific criteria whenever the
p.000065: nature or specificity of the information or administrative unit demands so, provided a justification is submitted
p.000065: and as long as there is no contradiction with the guidelines issued by the Institute. Such criteria and justification
p.000065: must be published on the departments or entities Internet websites, within ten workdays after they are
p.000065: issued or amended.
p.000065:
p.000065:
p.000065:
p.000065:
p.000065: Article 27
p.000065:
p.000065: When classifying files and documents as privileged or confidential, the administrative unit principal must
p.000065: consider the damage possibly derived from the disclosure of those documents protected by Articles 13, 14, and 18 of
p.000065: the Law.
p.000065: Article 29
p.000065:
p.000065: Notwithstanding the provisions contained in the last paragraph of Article 17 of the Law, the Institute can request a
p.000065: department or entity to submit a report on the contents of such privileged or confidential information. In case of
p.000065: insufficiency, the Institute can request the department or entity to submit information on those elements that
p.000065: could allow the corresponding classification.
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000067: 67
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067: Chapter
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067:
p.000067: Privileged Information
p.000067:
p.000067:
p.000067: REGULATIONS
p.000067:
p.000067:
p.000067:
p.000067:
p.000067: Article 30
p.000067:
p.000067: Files and documents classified as privileged or confidential must exhibit a statement indicating such
p.000067: classification, the classification date, its legal grounding, the period of the reserve, and the signature of
p.000067: the administration unit ‘s principal.
p.000067: Whenever a file includes both public and pri-vileged documents, those that are not privileged or
p.000067: confidential must be disclosed. If dealing with a document partially privileged or confidential, an redacted
p.000067: version of the document must be delivered. The copies of the delivered files or documents shall represent
p.000067: the corresponding public versions.
p.000067:
p.000067:
p.000067: Article 31
p.000067:
p.000067: The principals of the administrative units will create, pursuants the provisions included in Article 17 of the Law,
p.000067: an index of those files that are classified as privileged.
p.000067: With the purpose of keeping such index duly updated, the administrative unit will submit it to the Committee within the
p.000067: first ten workdays of the months of January and July of each year, as needed. The Committee will have ten
p.000067: workdays for its approval; after such term, even with no determination from the Committee, it shall be deemed as
p.000067: approved.
p.000067: Article 32
p.000067:
p.000067: An index of those files that are classified as privileged or confidential shall be public information, subjected
p.000067: to the availability and access obligations set forth in the Law and this Regulation. Such index must contain:
p.000067: I. Topic title;
p.000067: II. The administrative unit which generated, obtained, acquired, transformed or keeps the information:
p.000067: III. Classification date;
p.000067: IV. Legal grounding;
p.000067: V. Reservation term; and
p.000067: VI. The privileged or confidential portions of those files or documents, when applicable.
p.000067:
p.000067:
p.000067: Article 33
p.000067:
p.000067: Privileged or confidential files shall be properly protected and preserved pursuant the guidelines issued by
p.000067: the Institute and, if such is the case, the specific criteria issued by the Committees. The department or entity
p.000067: principal must be knowledgeable about the latter ones and insure that they are fit for the mentioned purposes.
p.000067:
p.000067:
p.000067:
p.000067:
p.000069: 69
p.000069:
p.000069:
p.000069:
p.000069:
p.000069: Article 34
p.000069:
p.000069: Privileged or confidential information can be declassified:
p.000069: I. As of the due date of the reservation period;
p.000069: II. When the facts that caused the classification disappear;
p.000069: III. When so is determined by the Committee in terms of Article 45 of the Law; or
p.000069: IV. When so is determined by the Institute in terms of Articles 17 and 56, paragraph III of the Law.
p.000069: Article 36
p.000069:
p.000069: Regarding Article 14 of the Law, those serious breaches of fundamental rights and crimes against humanity shall be
p.000069: considered, as established in the treaties ratified by the Senate of the Republic or in the resolutions issued
p.000069: by international organizations recognized by the Mexican State as competent, as well as in the
p.000069: applicable legal provisions.
p.000069:
p.000069:
p.000069: Article 35
p.000069:
p.000069: When under the judgment of a department or entity it is necessary to extend a file or document reservation
p.000069: period, the corresponding Committee must make the corresponding request to the Institute, duly grounded
p.000069: and motivated, at least three months prior to the due date of the reservation period.
p.000069: In absence of a reply from the Institute within two months after the date of the reservation period extension
p.000069: request, it shall be considered as affirmative in fact and the document will continue to be considered as
p.000069: privileged for the requested period.
p.000069:
p.000069:
p.000069:
p.000070: 70
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070: Chapter
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070: Confidential Information
p.000070:
p.000070:
p.000070:
p.000070:
p.000070: Article 37
p.000070:
p.000070: Confidential information is not subject to due dates and remains as such indefinitely, except by express written
p.000070: consent of the holder of such information or by written order issued by a competent authority.
p.000070: Article 40
p.000070:
p.000070: So that the departments or entities can authorize access to privileged or confidential information, it shall
p.000070: be necessary to obtain express consent from the individuals who own such information, by written document or
p.000070: equivalent authentification.
p.000070:
p.000070:
p.000070:
p.000070: Article 38
p.000070:
p.000070: Citizens who submit confidential information to departments and entities pursuant to the provisions set forth in
p.000070: Article 19 of the Law must indicate the documents or sections where such information appears, as well as the
p.000070: grounds of its confidentiality.
p.000070:
p.000070:
p.000070: Article 39
p.000070:
p.000070: For the effects of paragraph I of Article 22 of the Law, it shall be understood that the express consent of the
p.000070: information holder will not be required, whenever the life or integrity of the person involved is in serious risk.
p.000070: Article 41
p.000070:
p.000070: When a department or entity receives a request for access to a file or to documents containing confidential
p.000070: information and the Committee considers such as pertinent, the department or entity can request the holder of the
p.000070: information to approve its delivery and will have ten workdays to reply to the corresponding notification.
p.000070: The silence of the individual shall be deemed as a refusal.
p.000070: The Committee must allow access to the public versions of those files and documents referred to in the previous
p.000070: paragraph where the sections or portions of privileged information are deleted, even in those cases in which the
p.000070: individual has been requested to grant his/her consent, or when obtaining an express or implied refusal from such
p.000070: individual.
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000072: 72
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072: Chapter
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072:
p.000072: Organization of files
p.000072:
p.000072:
p.000072:
p.000072:
p.000072: Article 42
p.000072:
p.000072: The National General Archives, in coordination with the Institute, will issue guidelines regarding the
p.000072: organization, preservation, and proper handling criteria of department and entity files.
p.000072: Article 45
p.000072:
p.000072: The acts and procedures that are in process before the administrative units of departments and entities, as
p.000072: well as the final resolutions they adopt, must have supporting documentation.
p.000072:
p.000072:
p.000072:
p.000072:
p.000072: Article 43
p.000072:
p.000072: Whenever the type of information or of the administrative unit require so, the Committees shall establish
p.000072: specific criteria for the organization and preservation of the department or entity files, provided that the
p.000072: guidelines mentioned in the previous paragraph are not infringed. Such criteria and their justification must be
p.000072: published on the department and entity Internet Web Sites within ten workdays after those are issued or modified.
p.000072: Article 46
p.000072:
p.000072: In compliance with the guidelines referred to in Article 42 of this Regulation, the Committees will create
p.000072: a program containing a simple guide of the filing system of the department or entity, with the purpose to
p.000072: facilitate the location and the access of public information. Such guide shall be updated yearly and must
p.000072: include the necessary custody and preservation measures for such files. Furthermore, the Committees will
p.000072: supervise the application of the guidelines or criteria referred to in this Chapter.
p.000072:
p.000072: Article 44
p.000072:
p.000072: Every document under the care of departments and entities shall be part of a filing system in
p.000072: compliance with the guidelines and criteria referred to in this Chapter; such system will at least include
p.000072: the entering process, the description for the general group, subgroup and record, file, preservation, use,
p.000072: and final disposition, among others that are significant.
p.000072:
p.000072:
p.000074: 74
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074: Chapter
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074: Personal Data Protection
p.000074:
p.000074:
p.000074:
p.000074:
p.000074: Article 47
p.000074:
p.000074: The procedures to access personal data in possession of departments and entities will guarantee the protection
p.000074: of individuals’ rights, particularly regarding privacy, intimacy, as well as access to and correction of their
p.000074: personal data in compliance with the guidelines issued by the Institute and other applicable provisions
p.000074: for the handling, maintenance, safety and protection of personal data.
p.000074: Article 48
p.000074:
p.000074: Those departments and entities that have personal data systems must make available to the Institute and to the
p.000074: public, through their Internet Web Sites, the listing of such systems in which the objective of the system, the type of
p.000074: data thereby contained, the use, the administrative unit that handling such information, and the name of
p.000074: the responsible individual must be indicated. The Institute will maintain an updated public listing of those personal
p.000074: data systems made available to the Institute.
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
p.000074:
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p.000074:
p.000074:
p.000074:
p.000076: 76
p.000076:
p.000076:
p.000076:
p.000076:
p.000076:
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p.000076:
p.000076:
p.000076:
p.000076:
p.000076:
p.000076:
p.000076:
p.000076:
p.000076:
p.000076:
p.000076:
p.000076:
p.000076:
p.000076:
p.000076: Chapter
p.000076:
p.000076:
p.000076:
p.000076:
p.000076:
p.000076:
p.000076: Information Reproduction and Delivery Costs
p.000076:
p.000076:
p.000076:
p.000076:
p.000076: Article 49
p.000076:
p.000076: Regarding Article 27 of the Law, access fees shall be understood as reproduction and delivery costs for the
p.000076: requested information.
p.000076:
p.000076:
p.000076: Article 50
p.000076:
p.000076: In the case that the departments and entities have an electronic version of the requested information, they can
p.000076: deliver it to the petitioner free of charge or make it available through an Internet Web Site, informing the
p.000076: petitioner of the necessary data to access such information.
p.000076: Article 51
p.000076:
p.000076: The departments and entities shall reproduce the requested information by simple or certified copies, magnetic,
p.000076: optic, sound, visual, holographic or other media. In these cases, the petitioners shall be charged for rights, use or
p.000076: products, as applicable, and the corresponding payment must be made before reproducing the information.
p.000076: Except for the case of certified copies, those costs mentioned in the previous paragraph cannot be higher than
p.000076: that of the materials used to reproduce the information. Such costs must be published on the Internet Web Sites of the
p.000076: departments and entities.
p.000076: The costs for certified copies shall be determined according to the applicable legislation and, in the
p.000076: case of entities, the cost shall not be higher than those set for departments.
p.000076:
p.000076:
p.000076: Article 52
p.000076:
p.000076: Those departments and entities that provide information services with commercial value may charge for these services,
p.000076: in terms of the applicable juridical regulations.
p.000076: For the consultation, procurement or reproduction by the departments and entities databases, with no privileged
p.000076: or confidential information, their commercial value shall be considered and property of the corresponding legal rights
p.000076: shall be respected.
p.000076:
p.000076:
p.000078: 78
p.000078:
p.000078:
p.000078:
p.000078: REGULATIONS
p.000078:
p.000078:
p.000078:
p.000078: Article 53
p.000078:
p.000078: Except for certified copies and the provisions in the second paragraph of Article 24 of the Law, the reproduction
p.000078: of the information resulting from the reply to a request for access to personal data or their correction,
p.000078: shall be free of charge.
p.000078:
p.000078:
p.000078: Article 54
p.000078:
p.000078: Provided there is no justified obstacle to doing so, the departments and entities must address the petitioner’s
p.000078: requests regarding the delivery means of the requested information, which can be done by certified mail or
p.000078: courier with acknowledged receipt, provided the petitioners have covered the cor- responding service cost.
p.000078:
p.000078:
p.000078: Article 55
p.000078:
p.000078: The Institute and the Ministries of Treasure and Public Function will coordinate with each other to establish and
p.000078: continuously improve assistance to facilitate the delivery of information, reduce its costs and facilitate
p.000078: its payment, preventing the physical transportation of petitioners to the departments and
p.000078: entities, their facilities, representations and delegations.
p.000078: The Institute shall be a collaborator with the Federal Treasury for the collection of the information
p.000078: reproduction and delivery costs as set forth in the Law and this Regulation.
p.000078:
p.000079: 79
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079: Chapter
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079: On the Liaison Units and the Information Committees
p.000079:
p.000079:
p.000079: REGULATIONS
p.000079:
p.000079:
p.000079:
p.000079:
p.000079: Article 56
p.000079:
p.000079: The principals of the Liaison Units will designate the enabled public servants for facilities,
...
p.000081: decisions were made.
p.000081:
p.000081:
p.000081: Article 60
p.000081:
p.000081: The resolutions and criteria issued by the Committees shall be published and made known in the
p.000081: corresponding department or entity Internet website within the next ten workdays from their issuance
p.000081: date, notwithstanding that these were made available to the public through an exclusive system determined by
p.000081: the Institute for these purposes.
p.000081: Article 61
p.000081:
p.000081: The Committees must submit to the Institute, through the systems that for this purpose it establishes, within the first
p.000081: twenty workdays of the month of January of each year, all the information they have regarding:
p.000081: I. The number and type of information requests submitted and their results, including those in which it was
p.000081: not possible to find the information in the files.
p.000081: II. Time spent in replying to the requests.
p.000081: III. The status of the appeals promoted by the Institute before the internal control bodies; and
p.000081: IV. The difficulties observed in the fulfillment of the Law, these Regulations and other applicable dispositions.
p.000081:
p.000081:
p.000081:
p.000081:
p.000081:
p.000081:
p.000081:
p.000081:
p.000081:
p.000081:
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p.000081:
p.000082: 82
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082: Chapter
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082: Federal Institute of Access to Public Information
p.000082:
p.000082:
p.000082:
p.000082:
p.000082: Article 62
p.000082:
p.000082: Notwithstanding the provisions of Article 37 of the Law, the Institute may:
p.000082: I. Design procedures and establish systems so that the departments and entities receive, process and resolve the
p.000082: requests of access to information, as well as to personal data and their correction.
p.000082: II. Establish systems so that the departments and entities can submit to the Institute resolutions, criteria,
p.000082: requests, consultations, briefings and any other information through electronic media, of which the
p.000082: transmission guarantees, given the case, the security, integrity, authenticity, reservation and
p.000082: confidentiality of the information and generates electronic registry of the dispatch and corresponding
p.000082: delivery.
p.000082: III. To perform visits or mandate that the departments and entities in order to assure the proper classification
p.000082: or declassification of information, or the procedure for granting access to the same.
p.000082: IV. Exercise other powers that the Law confer, these Regulations and other applicable dis- positions.
p.000082: Article 64
p.000082:
p.000082: The Institute will publish in the Official Federal Newspaper the guidelines and other administrative acts
p.000082: of a general character thereby issued.
p.000082: The Institute will display on its Internet website the excerpts of their resolutions, including those on appeals,
p.000082: and any other information that it considers of interest.
p.000082:
p.000082: Article 65
p.000082:
p.000082: The Liaison Unit and the Institute’s Committee will not have access to the following information:
p.000082: I. Information received from the departments and entities so that the Institute acknowledges,
p.000082: verifies or orders its classification or declassification according to the dispositions of the Law, these
p.000082: Regulations and other applicable provisions, and
p.000082: II. That contained in the appeals files, as long as they have not been resolved.
p.000082:
p.000082: Article 63
p.000082:
p.000082: The Plenary Meeting of the Institute will designate a Liaison Unit and will integrate the Committee under the
p.000082: terms of the Law.
p.000082:
p.000082:
p.000084: 84
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084: Chapter
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084: On Access to Information Procedures
p.000084:
p.000084:
p.000084:
p.000084:
p.000084: Article 66
p.000084:
p.000084: Regarding Article 40 of the Law, access to information requests can be filed by personal document, by the
p.000084: forms created by the Institute for such purpose or by the system thereby established. Both the forms and the system
p.000084: must be available in the Liaison Units, facilities, representations and delegations that have enabled public servants,
p.000084: as well as in the departments, entities and Institute Internet Web Sites.
p.000084: The petitioner can indicate which person or persons are authorized to file, if necessary, the appeals referred to in
p.000084: Articles 49 and 50 of the Law in his/her request document.
p.000084: The requests for access to information can be presented personally or through a representative at
p.000084: the address of the corresponding department or entity Liaison Unit or in the address of its
p.000084: facilities, representations or delegations that have enabled public servants. Furthermore, such request can be
p.000084: filed by certified mail or courier with acknowledged receipt and electronically through the system thereby established
p.000084: by the Institute for such purpose. In any event, the Institute shall confirm or send to the petitioner a receipt
p.000084: clearly acknowledging the corresponding filing date.
p.000084: Article 67
p.000084:
p.000084: The representation referred to in Article 40 of the Law can be held by an authorized third party with
p.000084: power-of-attorney signed before two witnesses with no need of previous signature ratification or any other
p.000084: formality. The representation cannot be accepted when the access request is made by electronic means.
p.000084:
p.000084:
p.000084: Article 68
p.000084:
p.000084: Those petitioners must indicate when completing their request for access to information, the
p.000084: mechanism to be used for the corresponding resolution notification, pursuant Article 44 of the Law. Such notification
p.000084: can be:
p.000084: I. Personally or through a representative in the Liaison Unit address or in their facilities, representations and
p.000084: delegations that have enabled public servants;
p.000084: II. By certified mail or courier with acknowledged receipt, provided that in this latter case,
p.000084: the payment of the corresponding service is covered upon filing the request; and
p.000084: III. By electronic means through the system established by the Institute, in which case the petitioner must
p.000084: indicate that he/she accepts the same method to receive notifications. The department or entity must provide
p.000084: the petitioner with the password that allows him/her to access the system.
p.000084:
p.000084:
p.000086: 86
p.000086:
p.000086:
p.000086:
p.000086: REGULATIONS
p.000086:
p.000086:
p.000086:
p.000086:
p.000086:
p.000086:
p.000086: Whenever a petitioner files a request by electronic means through the Institute system, it shall be understood
p.000086: that he/she accepts that the notifications are made by the same system, except if it is indicated different manner to
p.000086: receive such notifications is preferred.
p.000086: In case that the petitioner does not specify the manner in which he/she should be notified about the resolution
p.000086: or does not cover the payment for the courier service mentioned in paragraph II of this Article, the notification
p.000086: shall be delivered by certified mail or by public posting in a conspicuous place if an address is not specified.
p.000086: This Article shall be applicable in the case of term extension notifications referred to in the first paragraph of
p.000086: Article 44 of the Law.
p.000086:
p.000086: Article 69
p.000086:
p.000086: Those Liaison Units receiving requests for access to information that are not in the possession of the
p.000086: corresponding department or entity, must assist and give orientation to petitioners, through the means indicated
p.000086: in the request and within the next five workdays, on those departments or entities that could have such information. In
p.000086: such cases, the individual’s petition will not be considered as a request of access to information in compliance with
p.000086: the Law and this Regulation.
p.000086: Article 70
p.000086:
p.000086: Each department or entity Committee can set the internal terms and procedures to process the access requests, which
p.000086: must be discharged in a maximum term of the twenty workdays referred to in Article 44 of the Law, including the
p.000086: notification to the petitioner through the Liaison Unit. In failure to do so, such procedure will adhere to the
p.000086: following:
p.000086: I. Upon receipt of the request, the Liaison Unit must submit it to the administrative units that could have the
p.000086: information, within two workdays after receiving the request.
p.000086: II. In case that the information is available and public, the administrative unit must so notify so to the
p.000086: Liaison Unit, within fifteen workdays after receiving the request from the said Unit, indicating, if applicable, the
p.000086: reproduction and delivery costs, according to the various methods included in Articles 51 and 54 of this Regulation,
p.000086: or the source, place and manner in which the information can be obtained or reproduced, as well as the corresponding
p.000086: costs if the information is related to the assumptions mentioned in Articles 42, third paragraph of the Law, and 50 and
p.000086: 52 of the Regulation;
p.000086:
p.000086: III. In the case that the administrative unit determines that the requested information is privileged or
p.000086: confidential, both the access request and a document grounding and motivating the corresponding classification
p.000086: shall be submitted to the Committee, within eight workdays after receiving the request. The Committee can
p.000086: confirm, modify or revoke the mentioned classification, and for that purpose, the
p.000086:
p.000087: 87
p.000087:
p.000087:
p.000087:
p.000087:
p.000087:
p.000087:
p.000087:
p.000087: Committee shall be able to access privileged or confidential files or documents. In any event, it will issue a
p.000087: grounded and motivated resolution;
p.000087: IV. In case that the administrative unit determines that the requested information contains privileged
p.000087: or confidential documents, or if a document contains portions or sections with this type of information,
p.000087: both the access request and a document grounding and motivating the corresponding classification shall be
p.000087: submitted to the Committee, within the same term indicated above, as well as a reproduction of the public version
p.000087: of those documents that are not privileged or confidential or from which those portions or sections containing
p.000087: privileged or confidential information have been deleted. The Committee can confirm, modify or revoke the
p.000087: mentioned classification, and for that purpose, the Committee shall be able to access privileged or confidential files
p.000087: or documents. The Committee shall proceed pursuant to the provisions of Article 41 of this Regulation and issue a
p.000087: grounded and motivated resolution; and
p.000087:
p.000087: V. In case that the administrative unit determines that the requested information is not in their
p.000087: possession, a report describing this fact and giving direction related to the possible location of the
p.000087: requested information must be submitted to the Committee within five workdays after receiving the request from the
p.000087: Liaison Unit. The Committee shall proceed in compliance with the provisions of Article 56 of the Law.
p.000087:
p.000088: 88
p.000088:
p.000088: The Committees must issue those resolutions referred to in Articles 45 and 46 of the Law in the fastest possible
p.000088: manner.
p.000088:
p.000088:
p.000088: Article 71
p.000088:
p.000088: The Committees can decide to extend the term to reply to a request of access to information in compliance with the
p.000088: first paragraph of Article 44 of the Law. The notification submitted to the petitioner must explain in a grounded
p.000088: and motivated manner, the reasons that justify the said extension. Negligence or carelessness by the department or
p.000088: entity regarding the request discharge cannot be invoked as causes of the term extension.
p.000088:
p.000088:
p.000088: Article 72
p.000088:
p.000088: Those Committee resolutions that deny access to information or determine that the files or documents include
p.000088: privileged or confidential portions or sections, the corresponding classification must be grounded and
p.000088: motivated and must state that the petitioner can file an appeal before the Institute, and provide the
p.000088: corresponding form the Internet Web Site from which the form can be obtained and file it through the Institute
p.000088: System, or furthermore, allow access to such system if so is requested.
p.000088:
p.000088:
p.000088: REGULATIONS
p.000088:
p.000088:
p.000088:
p.000088:
p.000088: Article 73
p.000088:
p.000088: Notwithstanding the provisions of Article 50 of this Regulation, the costs and methods for the reproduction of the
p.000088: information must be specified, pursuant the provisions of Articles 51 and 52 of the same Regulation, serving
p.000088: whenever procedural, the petitioner’s request.
p.000088: If such is the case, the information can be made available to the petitioner by physical consultation at
p.000088: the department or entity, preferable and whenever possible, in the Liaison Unit address. If this is not
p.000088: possible, the Liaison Unit must make sure that the consultation is performed in the proper facilities.
p.000088: Article 75
p.000088:
p.000088: The petitioners will have a term of three months after the resolution of access to information is notified
p.000088: to use said resolution. Therefore, they must start the consultation as indicated or cover the reproduction or delivery
p.000088: costs accordingly. After such term, petitioner must file a new request for access to information with no
p.000088: liability for the department or entity.
p.000088:
p.000088:
p.000088:
p.000088:
p.000088: Article 74
p.000088:
p.000088: Within ten workdays after notification is made, the requested information must be available to the petitioner or
p.000088: representative in the Liaison Unit address or in their facilities, representations and delegations that have
p.000088: enabled public servants, or through an Internet Web Site or delivered in compliance with the provisions of Articles
p.000088: 50 and 54 of this Regulation, as applicable.
p.000088: Whenever it is necessary to reproduce or deliver the information in the terms of this Article, the ten workdays term
p.000088: will start counting from the first workday after the petitioner has paid the corresponding costs.
p.000088:
p.000088:
p.000089: 89
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089: Chapter
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089:
p.000089: On Access Procedures and Correction of Personal Data
p.000089:
p.000089:
p.000089: REGULATIONS
p.000089:
p.000089:
p.000089:
p.000089:
p.000089: Article 76
p.000089:
p.000089: Articles 66 and 68 of this Regulation are applicable to the requests for access to personal data and
p.000089: its correction, with the variations referred to in this Article.
p.000089: When filing their requests, the owners of the personal data or their representatives must demonstrate their
p.000089: personality in advance. The representation must have a legal standing in terms of the corresponding provisions. The
p.000089: above shall be applicable in the cases of resolution notifications according to paragraphs I and
p.000089: II of Article 68 of this Regulation, as well as its second paragraph.
p.000089: The use of electronic means to file requests and receive notifications on the resolutions, shall be limited to those
p.000089: cases in which the petitioner has the certification of the electronic identification means referred to in
p.000089: Article 69-C of the Federal Law of Administrative Procedures.
p.000089: The terms stated in Articles 24 and 25 of the Law cannot be extended and the provisions of the second paragraph of
p.000089: Article 66 of this Regulation will not be procedural.
p.000089:
p.000089: Article 77
p.000089:
p.000089: In the case that the terms and procedures applicable to the requests for access and correction of
p.000089: personal data are specified as services or procedures in compliance with paragraph VII and VIII of Article 7
p.000089: of the Law, the owners of the personal data must file their requests according the indications contained
p.000089: therein.
p.000089: Article 78
p.000089:
p.000089: Each department or entity Committee can establish the terms and the internal procedure to process the requests for
p.000089: access to personal data, which shall be discharged within the term of ten workdays referred to in the first
p.000089: paragraph of Article 24 of the Law, including the notification to the petitioner through the Liaison Unit, and it
p.000089: will adhere to the following:
p.000089: I. Upon reception of the request, the Liaison Unit must submit the request of access to personal data to the
p.000089: administrative units that could have the corresponding information;
p.000089: II. In the case of availability of the petitioner’s personal data, the administrative unit must submit it in a
p.000089: comprehensible format to the Liaison Unit, specifying the corresponding fee charge service, and the delivery cost of
p.000089: such information, if applicable, pursuant to Article 54 of this Regulation, unless it is being dealt with
p.000089: certified copies or if related to the provisions of second paragraph of Article 24 of the Law, so such information
p.000089: should be specified; and
p.000089: III. In the case that the administrative unit determines that the requested information is not available in its
p.000089: personal data system, a report of such circumstance must be submitted to the Committee, where the case shall
p.000089: be analyzed and the necessary measures shall be taken in order to locate the requested information. In case that the
p.000089: requested information is not found, the Committee will issue a resolution informing the petitioner about the
p.000089: inexistence of his/her personal data in the corresponding system.
p.000091: 91
p.000091:
p.000091:
p.000091:
p.000091:
p.000091: Article 79
p.000091:
p.000091: Each department or entity Committee can establish the terms and the internal procedure to process the requests
p.000091: for correction to personal data, which shall be discharged within the term of thirty workdays referred to in
p.000091: Article 25 of the Law, including the notification to the petitioner through the Liaison Unit, and it will
p.000091: adhere to the following:
p.000091: I. Upon reciept of the request, the Liaison Unit must submit it to the administrative units that could have the
p.000091: corresponding information
p.000091: II. In the case that personal data correction is procedural, the administrative unit must submit to the Liaison
p.000091: Unit a document indicating the modifications and specifying the gratuitousness of the process as well as the
p.000091: delivery cost of such information pursuant to Article 54 of this Regulation, unless the information is
p.000091: requested in certified copies or related to the provisions of the second paragraph of Article 24 of the Law, thereby
p.000091: specified as necessary.
p.000091: III. In case that the administrative unit determines that the requested correction of personal data is not
p.000091: possible, a document that grounds and motivates the reasons why those modifications are not
p.000091: procedural, must be submitted to the Committee. The Committee will determine if the modifications are possible
p.000091: pursuant the previous paragraph or issue a grounded and motivated resolution stating the total or partial
p.000091: inadmissibility of such corrections.
p.000091: Article 80
p.000091:
p.000091: The Committees’ resolutions that determine the inexistence of personal data or the total or partial inadmissibility
p.000091: of its modifications, must be grounded and motivated and must indicate to the petitioner that he/she can file an appeal
p.000091: before the Institute, as well as to provide the petitioner with the corresponding forms, the Internet Web Site in which
p.000091: the forms can be obtained to be filed through the Institute system, or allow access to the said system, if so is
p.000091: requested.
p.000091:
p.000091: Article 81
p.000091:
p.000091: When the petitioner requests certified copies of his/her personal data or its correction, the resolution dates will
p.000091: start counting one day after having demonstrated that the corresponding costs have been covered.
p.000091:
p.000091:
p.000092: 92
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092: Chapter
p.000092:
p.000092:
p.000092: On Procedures before the Institute
p.000092:
p.000092:
p.000092:
p.000092:
p.000092: Article 82
p.000092:
p.000092: Pursuant to the provisions of Article 51 of the Law, the appeal set forth in Articles 49 and 50 of the same, is
p.000092: procedural. This appeal shall be substantiated according to the Law, to this Regulation, and for the not
p.000092: foreseen, to the provisions of the Federal Law of Administrative Procedures.
p.000092:
p.000092:
p.000092: Article 83
p.000092:
p.000092: Regarding of Articles 26, 49 and 50 of the Law, appeals can be filed by personal document, by the forms determined by
p.000092: the Institute for such effects, or through the system indicated by the Institute. Both the forms and the system shall
p.000092: be available at the Liaison Units, their facilities, representations and delegations, that have enabled
p.000092: public servants, as well as in the department, entities and Institute Web Sites.
p.000092: The filing of an appeal regarding the access to information procedures can be done personally or by a representative at
...
p.000092: The representation referred to in Article 49 of the Law must be demonstrated by power of attorney signed before two
p.000092: witnesses, with no need of previous signature ratification or any other formality.
p.000092: The representation can also be demonstrated by presenting the request for access to information that originated the
p.000092: contested resolution, in which the person that can file the procedural defense means has been expressly authorized to
p.000092: do so.
p.000092:
p.000094: 94
p.000094:
p.000094:
p.000094:
p.000094: REGULATIONS
p.000094:
p.000094:
p.000094:
p.000094:
p.000094: Article 85
p.000094:
p.000094: In compliance with paragraph IV of Article 55 of the Law, when the appeal is electronically filed, the contested
p.000094: resolution must be attached to the same electronic documents and, if applicable, a copy of the
p.000094: corresponding notification. Optionally, such documents can be reproduced in hard copies and sent to the
p.000094: Institute.
p.000094:
p.000094:
p.000094: Article 86
p.000094:
p.000094: Those petitioners filing appeals must state how they desire to be notified on the corresponding resolutions, pursuant
p.000094: to Article 56 of the Law. Such notification can be made:
p.000094: I. Personally or through a representative at the Institute address;
p.000094: II. By certified mail or courier, with acknowledged reciept, provided in this latter case that, when
p.000094: filing the recourse, the cost for the corresponding service is covered; and
p.000094: III. Electronically, through the Institute system, in which case the petitioner must indicate his/her acceptance
p.000094: to use the same means to receive notifications, provided he/she is supplied with the necessary access elements.
p.000094: When a petitioner files an appeal of revision electronically through the Institute system, it shall be understood
p.000094: that he/she accepts to use the same system to receive notifications, unless a different means for such purpose is
p.000094: specified.
p.000094:
p.000094:
p.000094: When the petitioner does not specify the way in which he/she shall be notified on the resolution, or when the cost for
p.000094: courier service mentioned in paragraph II of this Article is not covered, the notification shall be delivered by
p.000094: certified mail, or by the system indicated by the Institute.
p.000094: When the petitioner does not specify a address to receive notifications, these shall be delivered posted in a
p.000094: conspicuous place in a court of law.
p.000094: This Article shall be applicable in cases of term extension notifications mentioned in the penultimate
p.000094: paragraph of Article 55 of the Law.
p.000094: For those cases mentioned in paragraphs I and II of this Article, the notification of resolutions related to
p.000094: access to personal data or its correction can only be made to the individual owner of such personal data or his/her
p.000094: legal attorney, after demonstrating his/her credentials. Furthermore, such notification can be submitted
p.000094: electronically, provided the petitioner has the certification of electronic identification referred to in Article 69-C
p.000094: of the Federal Law of Administrative Procedures.
p.000094:
p.000094:
p.000095: 95
p.000095:
p.000095:
p.000095:
p.000095:
p.000095: Article 87
p.000095:
p.000095: If the appeal does not satisfy any of the prerequisites stated in Article 54 of the Law, and the Institute
p.000095: does not have the necessary elements for a remediation, the appellant shall be warned only once, and through the
p.000095: method of his/her choice in compliance with the previous Article, as to remediate such failures within a term
p.000095: of five workdays. Upon expiration of the corresponding term and without warning, the appeal shall be deemed
p.000095: as not complete.
p.000095: The warning will interrupt the term that the Institute has to solve the appeal.
p.000095: Article 89
p.000095:
p.000095: In the substantiation of the appeal referred to in Article 55 of the Law, the Institute, by means of the President
p.000095: Commissioner will process, resolve, and if necessary, will remediate the corresponding legal failures, on the appeals,
p.000095: without modifying the facts therein described.
p.000095: For such effect, all types of evidence shall be accepted, except for confessions by authorities. The
p.000095: requests for information on administrative authorities regarding those facts contained in their files or thereby
p.000095: added documents are not included in this prohibition.
p.000095:
p.000095:
p.000095:
p.000095: Article 88
p.000095:
...
p.000096: and must be held whether the parties appear or not. Furthermore, the Institute can designate a representative
p.000096: for this purpose and shall determine, according to the type of the matter, whether the hearings will be public or
p.000096: private.
p.000096:
p.000096: In the case of holding the hearing, the parties can present their allegations in written form or, if applicable, they
p.000096: shall be granted a reasonable term to express them. Minute shall be kept during the hearing.
p.000096:
p.000096:
p.000096: REGULATIONS
p.000096:
p.000096:
p.000096:
p.000096:
p.000096: Article 91
p.000096:
p.000096: Those resolutions referred to in paragraph III of Article 56 of the Law must be implemented by all departments and
p.000096: entities in a term of no more than ten workdays, counting from the next working day after the resolution is
p.000096: notified to the Committee.
p.000096:
p.000096:
p.000096: Article 92
p.000096:
p.000096: In terms of Article 56 of the Law, if any department or entity refuses to disclose information related
p.000096: to the resolution of an appeal , or if the information is incomplete, or refuses to comply with a resolution
p.000096: or instruction, the Institute can:
p.000096: I. Communicate such fact to the corresponding internal control body for its immediate intervention;
p.000096: II. Appeal to the administrative unit principal’s hierarchic superior for immediate intervention; or
p.000096: III. Disclose such circumstance to the public.
p.000096: Article 93
p.000096:
p.000096: Regarding Article 53 of the Law, individuals can request the Institute, as described in Article 83 of this
p.000096: Regulation, to intervene in order to verify the absence of reply from a department or entity regarding an access
p.000096: request according to the term set forth by Article 44 of the Law.
p.000096: The Institute will enjoin the corresponding department or entity to demonstrate in a term of five
p.000096: workdays that a timely and correct reply was delivered to the petitioner. After demonstrating so, to the judgment
p.000096: of the Institute, the corresponding report shall be submitted to the petitioner by means of a resolution issued within
p.000096: the next 20 workdays after filing the intervention request. Otherwise, a resolution shall be issued, clearly
p.000096: stating the instruction given to the department or entity to submit the requested information within the
p.000096: next ten workdays after the notification date.
p.000096:
p.000096:
p.000096:
p.000096:
p.000096:
p.000096:
p.000096:
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p.000097:
p.000097:
p.000097:
p.000097:
p.000097: Article 94
p.000097:
p.000097: In the case that the department or entity cannot demonstrate a timely and correct reply to the petitioner,
p.000097: and considers that the procedure is related to privileged or confidential information, such instance
p.000097: shall submit to the Institute a report of the grounds and motivations of the corresponding classification, in a
p.000097: term of the five workdays referred to in the previous Article.
p.000097: If such report is insufficient regarding the corresponding classificaton, the Institute can summon the department
p.000097: or entity to supply elements that allow a proper solution within a term of five workdays, including the privileged or
p.000097: confidential information.
p.000097: The Institute shall assess the classification in accordance with the previous paragraphs and, if applicable, within the
...
p.000100: force and effect.
p.000100: FOURTH. All departments and entities must adapt the information referred to in Article 7 of the Law in the terms
p.000100: set forth in Chapter II of the Regulation, within three months after it becomes in full force and effect.
p.000100: FIFTH. In the case of Article 20 of this Regulation, all departments and entities can chose to publish copies
p.000100: of permits, licenses or concession titles electronically, when the information is before the date of force
p.000100: and effect of this Regulation. In any event, departments and entities must have a program to ensure that the
p.000100: information is available in the corresponding formats, within three years from the date of force and effect of
p.000100: this Regulation
p.000100: SIXTH. Regarding Article 23 of the Law, departments and entities must notify the Institute on the listings
p.000100: of the personal data system that they have and publish the same on their Internet websites, no later than within the
p.000100: next three months from the date of force and effect of this Regulation
p.000100: SEVENTH. The regime set forth by the Law and the Regulation shall be applicable to currently existing information.
p.000100: Such information shall be public and can only be characterized as privileged or confidential in
p.000100: those circumstances described in the mentioned laws.
p.000100: EIGHTH. The creation of those indexes referred to in Article 32 of the Regulation must be completed within the
p.000100: first twenty workdays of January, 2004.
p.000100: NINTH. Those administrative provisions that grant attributions to departments and entities in matters of
p.000100: transparency and access to public government information are annulled whenever those oppose the provisions of
p.000100: the Law and this Regulation.
p.000100: TENTH. The Institute must comply with all obligations set forth in Chapters II and XI of this Regulation
p.000100: regarding the information that must be included on its Internet website, no later than three months after its
p.000100: enforcement date.
p.000100: ELEVENTH. While the Congress approves those rights applicable to the access fees referred to in Article 27 of the Law,
p.000100: the Ministry of Treasure will establish, no later than five days after this Regulation comes into full force and
p.000100: effect, a simple and expedite procedure so that the departments and entities can collect the information
p.000100: reproduction costs.
p.000100: The procedure will specify the maximum amounts that the departments and entities can charge and will tend to
p.000100: comply with the objectives set forth in Article 55 of the Regulation. Those reproduction modes for which
p.000100: access fees can be charged shall be those referred to in Articles 51 and 52 of the Regulation.
p.000100:
p.000100:
p.000100: REGULATIONS
p.000100:
p.000100:
p.000100:
p.000100:
p.000100:
p.000100:
p.000100:
p.000100:
p.000100:
p.000100:
p.000100:
p.000100:
p.000100:
p.000100: Given in the Residence of the Federal Executive Power in Mexico City, Federal District on the tenth day of the month of
p.000100: June of the year two thousand and three. Vicente Fox Quesada.- A flourish.- The Secretary of State, Santiago Creel
p.000100: Miranda.- A flourish.- The Secretary of the Public Function, Eduardo Romero Ramos.- A flourish.
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p.000102:
p.000102:
p.000102:
p.000102: DECREE
p.000102: for the Creation of the Federal Institute
p.000102: of Access to Public Information
p.000102:
p.000102: Published in the Federal Official Newspaper on December 24th., 2002.
p.000102:
p.000102:
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p.000102:
p.000102:
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p.000103:
p.000103:
p.000103: VICENTE FOX QUESADA, President of the United Mexican States, exercising the faculty that Article 89, fraction
p.000103: I, of the Political Constitution of the United Mexican States, bestows upon me; based on Articles 33, 34 and 36
p.000103: of the Federal Law on Transparency and Access to Public Government Information; 14 and 15 of the Federal Law of
p.000103: State-Owned Corporations and 21, 37 and 45 of the Organic Law on Federal Public Administration, and
p.000103:
p.000103: CONSIDERING
p.000103: That through a Decree published in the Official Federal Newspaper on June 11, 2002, the Federal Law on
p.000103: Transparency and Access to Government Public Information, introduced by the Honorable Congress, was enacted and
p.000103: published.
p.000103: That in the mentioned legal ordinance the Federal Institute of Access to Public Information was
p.000103: created, with operative, budgetary and decisive autonomy, fundamentally in charge of promoting the
p.000103: exercise of the right to access information; resolving the refusal of the requests for access to information and
p.000103: protecting personal details in the hands of government departments and entities.
p.000103: That the Law itself expressly foresees that for the effects of its resolutions the Institute will not be subordinated
p.000103: to any authority, will adopt its decisions with full independence and will have the human and material
p.000103: resources for the fulfillment of its duties.
p.000103: That the Federal Public Administration encompassess very diverse forms of administrative
p.000103: organization, which vary not
p.000103: only with respect to their legal nature but also on their degree of autonomy, organizational rules, structures and
p.000103: budgetary treatment, amongst other elements.
p.000103: That it is necessary to clarify that the legal nature of the body is one which allows full exercise of operative,
p.000103: budgetary and decisive autonomy to ensure its independence from other departments or entities of the same public
p.000103: administration; in particular for the quasi-jurisdictional duties that the institute carries out or those related
p.000103: to the negative resolutions to requests for access to information and personal data, as well as its power to
p.000103: have access to privileged or confidential information, at any given time, in order to determine its proper
p.000103: classification, declassification or the procedure to rule its access.
p.000103:
p.000103: That the administrative decentralization, under its modality of non-sectored body, has among other advantages, the
p.000103: suppression of the hierarchical tie that characterizes the centralized and decentralized administrative units, in
p.000103: addition to providing the autonomy of measure and patrimony.
p.000103: That with the precision to which the present Decree refers, in addition to the appointment requirements, permanence in
p.000103: the post and progression of the duty length periods as prescribed in the Law for the members of its body of
p.000103: directors, the Institute would be in the condition to perform its assigned duties, with independence, efficiency,
p.000103: objectivity and impartiality, without prejudice regarding its belonging to the public administration and to being
p.000103: subject to the budgetary limits approved by the Chamber of Deputies, I have seen fit to issue the following:
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p.000104: DECREE
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p.000104: DECREE
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p.000104: Article 1
p.000104: Article 4
p.000104: Five Commissioners, including the President Commissioner, will integrate the highest directive body of the
p.000104: Institute. It will deliberate
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p.000104: The Federal Institute of Access to Public Information is a decentralized, non-sectored body, with legal
p.000104: recognition and own patrimony, with legal address in Mexico City.
p.000104: The institute will have operative, budgetary and decisive autonomy, under the terms of the Law that creates it and
p.000104: this Decree, without prejudice that in matters of expenditure, budget and accounting, will govern itself under
p.000104: the Budgetary, Accounting and Federal Public Expenditure Law, the Federation’s Expenditure Budget of every fiscal year
p.000104: and the dispositions that emanate from these last two.
p.000104: as a body and will undertake resolutions by majority of votes, in compliance with its Internal Regulations.
p.000104: For the effects of its resolutions, the Institute Plenum will not be subordinated to any authority, and
p.000104: therefore will adopt the said decisions with full independence.
p.000104: The Plenum will have, in addition to the powers set forth in the Federal Law of Transparency and Access
p.000104: to Public Government Information, the ones stated in Article 58 of the Federal Law of Government-Owned
p.000104: Corporations.
p.000104:
p.000104:
p.000104: Article 2
p.000104: The Institute will have as an objective the promotion and spreading of exercising the right of access to
p.000104: information; resolve on denials of access to information requests, and to protect personal data in the hands
p.000104: of government departments and entities.
p.000104: Article 5
p.000104: The Principal Commissioner of the Institute, appointed by the Plenum, will exercise the legal representation of
p.000104: the entity and will have the faculties established in the Federal Law of Transparency and Access to Public
p.000104: Government Information, its Regulations, and the Internal Regulations of the Institute.
p.000104:
p.000104:
p.000104: Article 3
p.000104: For the fulfillment of its objective, the Institute will have the powers set forth in the Federal Law of
p.000104: Transparency and Access to Public Government Information and the remaining applicable legal dispositions.
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p.000105: Article 6
p.000105: The Institute will have Secretaries appointed by the Plenum, in compliance with the approved budget, and in charge
p.000105: of administrative, operational and substantiated activities of all procedures. The procedural faculties shall be
p.000105: distributed among the Secretaries, as well as all necessary competence empowerment for the organization and performance
p.000105: of the said body.
p.000105: Furthermore, the Institute will have subordinated personnel and the necessary support for the
p.000105: efficient dispatch of its attributions, in compliance with its authorized budget.
p.000105:
p.000105:
p.000105: Article 7
p.000105: The patrimony of the institutions is integrated by:
p.000105: I. The resources yearly allotted by the Federation’s Expenditure Budget, for its functions.
p.000105: II. The goods and properties allotted by the Federal Executive.
p.000105: III. The resources created by the exercise of the activities under its competence; and
p.000105: IV. Other resources, goods and rights it acquires through any legal title.
p.000105: Article 8
p.000105: With the objective of guaranteeing its budge-tary and administrative autonomy, the Institute shall be
p.000105: considered as a semi-state entity with direct control, with no budgetary support.
p.000105:
p.000105: Article 9
p.000105: The Institute will have an Internal Comptroller, on internal control body that will fulfill its functions
p.000105: according to the specialized nature of the Institute and without interfering with the substantial decisions of the
p.000105: entity, pursuant the corresponding legislation.
p.000105: The Internal Comptroller, Principal of said body, as well as the holders of the auditing, complaints and
p.000105: responsibilities areas shall be appointed in terms of Article 37, fraction XII, of the Organic Law of
p.000105: Federal Public Administration and will exercise, in the area of their competence, the powers set forth in the
p.000105: appropriate ordinance, in the Federal Law of Semi-State Entities, in the Federal Law of Administrative
p.000105: Responsibilities of Public Servants and the other applicable dispositions.
p.000105:
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p.000106:
p.000106: DECREE
p.000106:
p.000106:
p.000106:
p.000106: Article 10
p.000106: The Institute will have a surveillance body, with powers granted by the Federal Law of Semi-State Entities and
p.000106: other applicable dis- positions. The duty of the Commissioner will fall on the Principal of the internal
p.000106: control body.
p.000106: Pursuant to Article 33 of the Federal Law of Access to Public Government Information, the exercise of the attributes
p.000106: conferred to the Public Commissioner does not entail the evaluation of the performance of the
p.000106: substantial duties of the body or imply limitations or restrictions of any kind to the said duties. The
p.000106: Commissioner may only attend the sessions of the Plenum when it deals with matters related to the attributes referred
p.000106: to in Article 58 of the Federal Law of Semi-State Entities.
p.000106: Article 11
p.000106: Article 123, Section B, of the Political Constitution of the United Mexican States, and its
p.000106: provisions, will rule the labor relations of the Institute public servants.
p.000106:
p.000106:
p.000106: PROVISIONAL
p.000106:
p.000106: SOLE. The present Decree shall be in full force and effect on the day after it is publication in the Official Federal
p.000106: Newspaper.
p.000106:
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p.000106:
p.000106:
p.000106:
p.000106:
p.000106: Given in the Residence of the Federal Executive Power, in Mexico City, on the twentieth day of the month of December
p.000106: two thousand two.- Vicente Fox Quesada.- Signed.- The Tax Minister, Jose Francisco Gil Diaz.- Signed.- Comptroller
p.000106: and Administrative Development Minister, Francisco Javier Barrio Terrazas.- Signed.
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p.000108:
p.000108: ACCESS TO PUBLIC GOVERNMENT INFORMATION GUIDE
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p.000109:
p.000109: This brief Access to Public Government Information Guide explains how to request information from the government or how
p.000109: to review and correct your personal data. The Guide also tells you how to file an appeal from IFAI, when any
p.000109: organization of the Federal Public Administration denies access to information or when you are not happy
p.000109: with the response to your request.
p.000109:
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p.000110: ACCESS GUIDE
p.000110:
p.000110:
p.000110: 1. Public information
p.000110:
p.000110:
p.000110:
p.000110:
p.000110: I.
p.000110: What type of information does the Federal Executive Power have?
p.000110: The information held by the government is public and must be available to any person. The law mandates all
p.000110: government departments and entities to disclose certain information via Internet and to have it available to the
p.000110: public, without the need of a request. This information includes the organization chart of the
p.000110: entity or department, its faculties and the salaries of all the officials, the contracts those departments and
p.000110: entities sign with vendors, suppliers, and contractors and how they use their budgets, as well as subsidies,
p.000110: licenses, permits and authorizations these entities or departments grant, amongst other aspects of the public
p.000110: administration.
p.000110:
p.000110: Only in exceptional cases can the access to government information be restricted. That is the case of privileged
p.000110: and confidential information. The next item briefly shows the exceptions.
p.000110:
p.000110:
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p.000110: Any school evaluation must be public.
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p.000111:
p.000111: 2. Privileged and confidential information
p.000111:
p.000111:
p.000111: Any information is considered as privileged or confidential when its disclosure could endanger the national security,
p.000111: damage the relationships with other countries, destabilize the national economy, endanger the life, safety or health
p.000111: of any person or prevent the enforcement of the law, among other assumptions (for example, the police forces of all
p.000111: over the world withhold some information about public security to better serve their societies). In Mexico,
p.000111: information can remain as privileged or confidential for a maximum period of 12 years, but it can become public
p.000111: before such term if the reasons for its classificacion disappear. In order to deny access to privileged or
p.000111: confidential information, the departments and entities must legally justify such classificacion and must provide
p.000111: evidence that its disclosure could fall in some of the exceptions set forth by the Law.
p.000111:
p.000111: No authority can categorize as privileged or confidential any information related to grave violations of basic
p.000111: human rights, related to crimes against humanity, such as torture, or the “forced disappearance of people”.
p.000111: The law also protects privacy rights. Confidential information means personal data, such as address, telephone
p.000111: number, patrimony, religious or political beliefs, and health status, among other private information that individuals
p.000111: pro- vide to the government. In order to disclose it, the holder of such information must submitÇconsent to
p.000111: do so; otherwise there is no reason for it to become public. Confidential information is also that expressly
p.000111: categorized as such by any individual and provided to governmental departments and entities.
p.000111: The government can deny access both to privileged and confidential information. Nevertheless, petitioners,
p.000111: like yourself, can always call on IFAI for review, if the denial is not justified. It is the duty of IFAI to
p.000111: ensure for applicants, that such denial to access public information is properly grounded and motivated, so that
p.000111: the otherwise public government information can remain secret.
p.000111: For those documents that contain portions of privileged or confidential information, the departments and entities
p.000111: are in the obligated to disclose a public version of such documents, omitting the privileged or confidential
p.000111: portions.
p.000111:
p.000111:
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p.000111:
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p.000111:
p.000111:
p.000111:
p.000111:
p.000111: Law enforcement activities to prevent the trafficing of infants, is privileged information.
p.000111: The medical record of a patient is confidential information.
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p.000112:
p.000112:
p.000112: ACCESS GUIDE
p.000112:
p.000112:
p.000112: 1. Departments and entities
p.000112:
p.000112:
p.000112:
p.000112:
p.000112: II.
p.000112: Where and how can you have access to government information?
p.000112: The Law provides the criteria and procedures, which must be followed by the institutions of the Federal Public
p.000112: Administration in order to provide access to information. These government institutions, called departments
p.000112: and entities, include the Ministries of State and the government-owned companies such as PEMEX, IMSS and the IFAI
p.000112: itself.
p.000112: The Federal Public Administration has more than 250 departments and entities, which are obligated to comply with
p.000112: the procedures depicted in this Guide.
p.000112:
p.000112: 2. Liaison Units and Information Committees
p.000112:
p.000112: The ministries and public institutions have created Liaison Units and Information Committees. A Liaison
p.000112: Unit is responsible for:
p.000112: • Filing access of information requests;
p.000112: • Processing those requests, and
p.000112: • Providing assistance to all petitioners for the completion of their requests.
p.000112:
p.000112:
p.000112: Every Ministry and public institution has a Liaison Unit.
p.000112:
p.000112: The Liaison Units are windows or modules where you can file your request for access to information, access your
p.000112: personal data or access it in order to correct .
p.000112:
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p.000113:
p.000113:
p.000113:
p.000113: Three members, including a public servant appointed by the principal of the department or entity, the Liaison
p.000113: Unit principal and the Internal Comptroller, integrate the Information Committee. These committees evaluate the
p.000113: classification criteria and reasoning to classify the information from the various offices in the departments and
p.000113: entities as public, privileged or confidential. The committee could decide to deny the disclosure of information
p.000113: or the proposed classification if it is not duly grounded, and can thus issue an order to disclose the
p.000113: information.
p.000113:
p.000113: 3. Procedures before departments and entities Liaison Units
p.000113: a) Access to public information requests
p.000113: In order to respond to your request, the departments or entities are under no obligation to create
p.000113: new information. Nevertheless, the Law provides they are obligated to provide public information already
p.000113: available in documents, and in their files. You can help expedite the process by describing the desired
p.000113: information as accurately as possible, and identifying the type of document that could contain such
p.000113: information.
p.000113: If you want to know how much money a Secretary of State spent in the office-related trips he/she made, then you
p.000113: must request the information about the amount of money such Secretary spent, for instance, in his/her trips during the
p.000113: month of August. The department or entity will search for a document containing such specific
p.000113: information,
p.000113: although it is possible it does not exist as such in any of the available documents. If that is the case, the
p.000113: department or entity from which you requested the information probably will respond that it needs more data in order to
p.000113: process your request, for example, the expense or itemization being dealt with.
p.000113: But if from the very beginning you request documents such as invoices, sales tickets, expense vouchers and
p.000113: national and international travel tickets from the Secretary’s office during the month of August of
p.000113: this year, the department or entity will certainly have those documents, because public institutions keep
p.000113: files on the travel allowances of their administrative units.
p.000113: The more clear and specific your request is, the greater the opportunity you’ll have that the department or entity will
p.000113: provide you with the information you are requesting, in the shortest time, and with the greatest detail.
p.000113: If you have questions you can obtain guidance from IFAI over the phone, via Internet or personally. You can also
p.000113: ask the personnel of the department or entity’s Liaison Unit for help.
p.000113: If your request is for already published information in hard copies or electronic media, the Liaison Unit is
p.000113: obligated to tell you
p.000113:
p.000113: If you wish to know how much money was spent by a Secretary in his/her official trips, you must request
p.000113: invoices, sales tickets and any other documents, which constitute the evidence of such expenses.
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p.000114:
p.000114: ACCESS GUIDE
p.000114:
p.000114:
p.000114:
p.000114: where and how you can consult, copy or obtain such information.
p.000114: When the information you request cannot be found in the department or entity in which you file your information
p.000114: request, the Liaison Unit’s personnel is obligated to tell you which department or entity has it, so that you can file
p.000114: a new information request.
p.000114: The Liaison Unit has 20 workdays, counting from the day after receiving the request, to inform you if they have the
p.000114: information you requested and whether it is public, privileged or confidential. This communication is known as a
p.000114: “notification”. In exceptions, the Liaison Unit can extend that period, but only once and up to 20 workdays.
p.000114: b) Different ways to file your information request
p.000114: If the information exists and is public, the Liaison Unit must submit it to you within ten workdays after the
p.000114: notification date. Before its delivery, you must pay the applicable reproduction and shipping expenses, if any.
p.000114:
p.000114: You can file your information requests in three different ways: by mail, by Internet or directly in the corresponding
p.000114: Liaison Units. For this, you can check the addresss of the Liaison Units via Internet by logging in
p.000114: at: www.ifai.org.mx/textos/IFAI/quepuede/direc toriounidades/unidades.htm.
p.000114: Mail request
p.000114: You or your representative can file information requests by personal written document, or by the
p.000114: use of those forms approved by IFAI and then sending them by mail to the corresponding Liaison Unit. The request
p.000114: must state:
p.000114: • Your name and address;
p.000114: • The particulars of your representative, if applicable;
p.000114: • A clear and precise description of the documents you are requesting, as well as any other information to
p.000114: assist on its search; and
p.000114: • Optionally, the format with which you wish to receive the information, such as direct consultation, plain
p.000114: copies, certified copies or any other means.
p.000114:
p.000114:
p.000114:
p.000114:
p.000114: Who can file an information request?
p.000114: You or your representative
p.000114:
p.000114: If the information is available and public, the delivery time is due within 30 workdays (plus mail or courier
p.000114: delivery time) from the date of your request of access to information.
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p.000115:
p.000115:
p.000115: You can learn about the procedure and status of your request from the personnel in the Liaison Units or in the web page
p.000115: www.ifai.org.mx. The Liaison Unit is obligated to provide you with a folio number, which will appear in your
p.000115: acknowledged request reciept, and by using this number, you can check the procedure and status of your
p.000115: request on the Internet (www.ifai.org.mx).
p.000115:
p.000115: Internet Request (SISI)
p.000115: IFAI has designed a mechanism called Information Request System (SISI, is its acronym in Spanish). You
p.000115: can use SISI to file your access of information request electronically to any department or entity. Once
p.000115: filed, with the user code and password of your choice, SISI will generate an acknowledgment reciept containing a folio
p.000115: number that you can use to access and learn about the procedure and status of your request in the same media and at all
p.000115: times.
p.000115: All federal departments and entities are obligated to use SISI. On the IFAI web page
p.000115: (www.ifai.org.mx) or on
p.000115: the web page of each department or entity, you will find a link to SISI, from which you shall be able to complete
p.000115: and send your access to information request.
p.000115: Some of the advantages of using SISI are:
p.000115: • You do not have to appear at a public office to file a request. Through SISI, you can do it from any computer with
p.000115: Internet access:
p.000115: • You reduce the response time for notification of information availability;
p.000115: • You can follow-up the procedure and status of your request at the web page www.ifai.org.mx. In order
p.000115: to do so, you must use the folio number that appears in the acknowledgment reciept the Liaison Unit handed to
p.000115: you personally;
p.000115: • You can receive the information you requested from the department or entity via SISI;
p.000115: • You can check the type of information the departments and entities have delivered to other petitioners;
p.000115: • If the department or entity requires more data to process your request, you do not need to neither go in person to
p.000115: any public office, nor spend money to send clarifications by ordinary mail;
p.000115: • You can get the payment receipt from Banco Bital for the reproduction and shipping costs (if you
p.000115: need plain copies, certified copies. 3.5 diskette, CD, etc). Once you have paid at any Banco Bital branch, you do not
p.000115: have to take any additional steps because Banco Bital will inform the department or entity, via SISI,
p.000115: that the payment was made, and as a result, the department or entity will send the information you
p.000115: requested, via registered mail.
p.000115:
p.000115: SISI is the electronic media system used to handle information requests.
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p.000116:
p.000116: ACCESS GUIDE
p.000116:
p.000116:
p.000116:
p.000116: Filing a request at a public office
p.000116: You or your representative can file an access to information request by directly appearing before the corresponding
p.000116: Liaison Unit. Public servants are obligated to process your request and to advise you on the most convenient way to
p.000116: file your request, either via SISI or by means of a letter or form.
p.000116: If you choose electronic media (SISI), the Liaison Unit personnel must provide you with a computer with Internet
p.000116: access and advice, so you can complete the request yourself. Through SISI you can send an information request to any
p.000116: department or entity, regardless of the place from which you are doing it (for example, from the Secretary of Internal
p.000116: Affairs’ Liaison Unit, you can file a request to the Secretary of Economy or the Secretary of Communications
p.000116: and Transportation).
p.000116:
p.000116: c) Notification about the access of information request and, if applicable, payment for reproduction and shipping
p.000116: expenses
p.000116: • If the information is public and can be disclosed via Internet, the notice will tell you how to get it, in
p.000116: which case there shall be no charge;
p.000116: • If the information is public and can be reproduced in print or electronic media, the notification will
p.000116: inform you about the reproduction and shipping costs and on how you can get the corresponding bank payment
p.000116: receipt. With that receipt, you can go to any Banco Bital branch in the country and pay for the corresponding costs.
p.000116: Once you have paid, you don’t have to take any additional actions because Banco Bital will inform the department or
p.000116: entity, via SISI,
p.000116: that the payment was made, and the department or entity must send the information you requested, via
p.000116: registered mail, in the media of your choice (plain copies, certified copies, 3.5 diskette, CD, etc.)
p.000116: • If the information is public and holds commercial value, like in the case of statistical information
p.000116: sold by INEGI, the notification will tell you how to get that information and its cost;
p.000116: • If the documents includes sections or portions containing personal data or confidential information,
p.000116: the notification will state the legal grounds and reasons for the corresponding classification (it will explain
p.000116: the damage that the disclosure of such portions could cause), the subsequent period of concealment, and the applicable
p.000116: cost for reproduction and shipping, if any;
p.000116: • If the information is considered privileged and/or confidential, the notification will state the legal grounds
p.000116: and reasons for the corresponding classification (it will explain the damage that the disclosure could cause, based
p.000116: upon the exception cases set forth by Law, such as national financial stability) and the corresponding period of
p.000116: concealment.
p.000116: Under no circumstances, can a department or entity condition the delivery of information.
p.000116: Whenever the requested information is public, it shall be avai-lable to the petitioner via Internet or
p.000116: sent via registered mail or courier in any of the following formats:
p.000116: 1) Hard copy,
p.000116: 2) Magnetic media (diskette), or
p.000116: 3) Optical media (CD-Rom)
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p.000117:
p.000117:
p.000117:
p.000117:
p.000117: • The notification shall also state whenever there are no documents available with the requested information.
p.000117: d) Request for access to personal data
p.000117: You (or your legal representative) can request information about your personal data in any department or entity, via
p.000117: ordinary mail or overnight delivery, via e-mail or on the Internet (www.ifai.org.mx), or do it personally in
p.000117: the Liaison Unit. In this request, you must state:
p.000117: • Your name and address or any other means to receive notifications, like your e-mail address;
p.000117: • The particulars of your representative, if applicable;
p.000117: • A description of the data you are requesting, as well as any additional information to make it
p.000117: easier for the department or entity staff to locate such personal information;
p.000117: • The means by which you want the information to be delivered, either verbally for consultation purposes,
p.000117: direct reference, simple or certified copies, copies or any other media; and
p.000117: • Either you or your legal representative must show evidence of your legal standing at the time the data is
p.000117: delivered, in order to avoid other people to gain access to your personal data. Only the following documents
p.000117: are acceptable: valid passport, military service book, professional degree card, or voter registration ID.
p.000117: Within a period of ten days after you have filed your request, the Liaison Unit will send you a notice, via registered
p.000117: mail, stating if your data is available in that department. If you requested certified copies of your data and/or in
p.000117: written format to be sent to an address by registered mail with notification, then your data shall be delivered within
p.000117: the next ten workdays from the payment date of the reproduction and/or shipping expenses.
p.000117: If the data you requested is not available in the records of the department or entity where you requested it, then the
p.000117: Liaison Unit will advise you as to where you can find such information. You will receive this notification in
p.000117: written form via registered mail, five days after filing your application, with no charge whatsoever.
p.000117: If you made any mistake in your request or if the department needs you to provide further information to locate your
p.000117: data, you will receive a notification of this situation via registered mail with acknowledged reciept. You
p.000117: shall have one month to correct or expand your request. Otherwise, your request shall be disposed of.
p.000117:
p.000117: Either you or your legal representative can request access to information on your personal data
p.000117: directly from the corresponding department or entity.
p.000117: The department or entity will respond to your request personally or through the representative,
p.000117: by certified mail, courier or electronic means (www.ifai.org.mx).
p.000117:
p.000118: 118
p.000118:
p.000118:
p.000118:
p.000118: ACCESS GUIDE
p.000118:
p.000118:
p.000118:
p.000118: When the department from which you requested your personal information authorizes its delivery, you shall
p.000118: have three months from the date of the notification to cover the reproduction expenses and, if applicable, the
p.000118: shipping expenses of that information to the address you provided. After such term, the authorization will expire
p.000118: and you will have to file a new request.
p.000118: If you filed you request to access your person- al data via e-mail or Internet, all the notifications before the
p.000118: delivery of the data you requested shall be sent electronically. You must state the means by which you wish to receive
p.000118: your data no later than one month after you filed your request; otherwise, it will lose its effect and you will have to
p.000118: file a new request.
p.000118: If you decide to appear personally before the Liaison Unit, the personnel on duty shall be obligated to advise and help
p.000118: you to complete the access to personal data request and allow you to use the available computers. You can also
p.000118: complete your request by hand, and they will ask you to specify both the reproduction media and the delivery means of
p.000118: the data you requested.
p.000118: Keep in mind that regardless of the way you file your personal data request, you will have to show again an official ID
p.000118: to receive it, thus preventing other people from having access to your personal data. You will have to do so, even
p.000118: after having identified yourself personally when you filed the request at the Liaison Unit.
p.000118: e) Written request to correct your personal data
p.000118: Either you or your legal representative can request a modification of the information contained in any
p.000118: personal data system at the Link Unit. For that matter, you must file a modification request, stating
p.000118: the modifications you wish to make and provide documents in support of your petition at the Liaison Unit, which
p.000118: in turn must tell you, which personal data system contains the information you wish to correct. Either the
p.000118: Link Unit must present you with a notice containing the changes made in your file, within a period of
p.000118: thirty workdays after filing your request, or notify you on the reasons why such modifications were not applicable.
p.000118: This procedure is free of charge.
p.000118:
p.000118: f) Clarification of request and services to view and correct personal data
p.000118: If there is a previous request, or service to access or correct your personal data, like in the notices of
p.000118: address change filed in the Mexican Institute of Social Security or the Tax Ministry, you must use those mechanisms.
p.000118: The Liaison Units will explain what to do in those cases.
p.000118:
p.000118:
p.000118:
p.000118:
p.000119: 119
p.000119:
p.000119:
p.000119:
p.000119:
p.000119:
p.000119: III.
p.000119: Where can you go if the department or entity doesn’t provide you with the requested information, or when they do not
p.000119: submit your personal data or when they do not correct it?
p.000119: 1. Appeal before the Federal Institute of Access to Public Information (IFAI)
p.000119: IFAI has the necessary authority to revoke, modify or confirm the decision made by a department or entity regarding
p.000119: your access of information request. You can file an appeal at the IFAI, at the Liaison Unit where you filed your
p.000119: request, personally, or by means of your legal representative, when:
p.000119: • The department or entity refuses to provide the information you requested or notifies you it does not exist;
p.000119: • When you are not happy with the term, the shipping cost;
p.000119: • When you consider that the delivered information is incomplete or does not correspond to the requested
p.000119: one;
p.000119: IFAI also has the necessary authority as to revoke, modify or confirm the decision made by a department or entity
p.000119: regarding your request to access your personal data or its correction. You can file an appeal at the IFAI or the Link
p.000119: Unit in which you filed your request, personally or by means of your legal representative, at the
p.000119: department or entity:
p.000119:
p.000119:
p.000119: The appeal is the legal instrument you can use when a department or entity denies access to
p.000119: information or your personal data. You must file the recourse at the IFAI.
p.000119:
p.000119:
p.000120: 120
p.000120:
p.000120:
p.000120:
p.000120: ACCESS GUIDE
p.000120:
p.000120:
p.000120:
p.000120: • Does not deliver your personal data;
p.000120: • When the data is delivered in an incomprehensible format;
p.000120: • When the department or entity refuses to correct or modify your personal data.
p.000120: You must file an appeal within fifteen workdays after the notification date. If you file it at the Liaison Unit, such
p.000120: entity must submit it to the IFAI by means of SISI no later than one day after its reception. If you have Internet
p.000120: access, either at your home, a public place or any other place, the simplest thing to do is to file the appeal through
p.000120: SISI, at IFAI’s web page (www.ifai.org.mx)
p.000120: The IFAI has fifty workdays to issue a ruling, and does it in two steps. During the first thirty workdays, IFAI
p.000120: reviews your case, prepares a file and a ruling file. Then, the IFAI Commissioners must rule on your case within the
p.000120: next twenty workdays (unless they request to extend the term for another twenty workdays). The committee
p.000120: plenum, with its five Commissioners, has powers to revoke or modify the denials of access to information,
p.000120: and to personal data or its correction. The plenary committee can also discard any appeal if it is considered
p.000120: opposed to law or, if such is the case, confirm the decision of the federal department.
p.000120:
p.000120: The rulings issued by the IFAI are definite and departments and entities are in the obligation of performing in
p.000120: compliance of such. Nevertheless, one year after the date of the ruling, you can request IFAI to review your
p.000120: case. If so, the Institute must rule on your petition within a maximum of sixty workdays.
p.000120:
p.000120: The Committee Plenum of the IFAI is integrated by five Commissioners and has operative,
p.000120: budgetary and decision-making autonomy.
p.000120:
p.000120: 2. Objection means before the Federal Judicial Power
p.000120:
p.000120: From time to time, the Plenum of IFAI will determine that the access to information denial was justified
p.000120: (legally grounded and motivated), so the original decision made by the department or entity shall be confirmed;
p.000120: nevertheless, the Law does not close every door to the petitioner.
p.000120: You can object rulings issued by IFAI before the Federal Judicial Power:
p.000120: • On your own;
p.000120: • Through an attorney, and
p.000120: • Through the Public Defenders Office, of the Federal Judicial Power.
p.000120:
p.000120:
p.000120: Your appeal will not be accepted if you file it more than fifteen workdays after the notification date.
p.000120:
p.000120: The rulings issued by the IFAI are definite and all departments and entities are in the obligation to comply with
p.000120: them.
p.000120:
p.000121: 121
p.000121:
p.000121:
p.000121:
p.000121: 1. Free of charge services
p.000121:
p.000121:
p.000121:
p.000121:
p.000121: IV.
p.000121: What is the cost of access to information, to personal data and its correction?
p.000121: Whenever the necessary means are available, departments and entities will provide, through the Internet and
p.000121: free of charge, the requested public information.
p.000121: The delivery of your personal information is free of charge if submitted in simple copies and if you choose to collect
p.000121: them personally at the Liaison Unit, or wherever you filed the initial request.
p.000121: No department or entity is entitled to charge for document search and / or revision time to respond to your information
p.000121: requests, access to personal data or its correction. Furthermore, they cannot charge for the time
p.000121: invested in the document reproduction process.
p.000121: You can use the computer terminals with access to Internet, free of charge, at the Social Affairs Center in IFAI
p.000121: (Av. México 151, Mexico City). Also, the Liaison Units must provide free use of computer terminals with access to
p.000121: Internet, to file your information requests and to access materials from the corresponding department or entity.
p.000121:
p.000121:
p.000121:
p.000121:
p.000121:
p.000121:
p.000121:
p.000121:
p.000121:
p.000121:
p.000122: 122
p.000122:
p.000122:
p.000122:
p.000122: ACCESS GUIDE
p.000122:
p.000122:
p.000122: 2. Services with cost
p.000122:
p.000122:
p.000122: Departments and entities can charge for the cost of those materials that are necessary to reproduce the requested
p.000122: information. They also charge for the shipping expenses. The fees vary according to the reproduction format
p.000122: –simple or certified copy, electronic means (diskette), optical means (CD-ROM), audio, visual or other- and the
p.000122: shipment costs
p.000122: –registered mail or courier.
p.000122: Whenever you request certified copies of your personal data or when such information is sent by certified mail,
p.000122: or both, the documents will not be delivered, until you have covered the applicable reproduction and / or delivery
p.000122: costs.
p.000122: The costs of the certified copies are those provided in the applicable law.
p.000122: When the requested information has commercial value, and its price authorized by law, departments or entities
p.000122: could charge you for that information. Such is the case, for instance, for publications issued by public
p.000122: departments such as the National Statistics, Geography and Information Institute (INEGI, is the acronym in Spanish)
p.000122: and the Public Treasury Technical Development Institute (INDETEC, in Spanish), from financial
p.000122: institutions such as the Foreign Trade Bank (BANCOMEXT, is its acronym in Spanish) and National Finance (NAFIN, is the
p.000122: acronym in Spanish), or from some of the universities and research centers, amongst others.
p.000122:
p.000122: Except for the certified copies, the reproduc- tion and correction of personal data shall be free of charge.
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122: After receiving a positive access to information notification, you have a term of three months to retrieve it, to start
p.000122: your consultation or to cover the reproduction and shipping costs.
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000123: 123
p.000123:
p.000123:
p.000123:
p.000123:
p.000123:
p.000123:
p.000123: V.
p.000123: How and where you can request information about the Legislative and Judicial Powers, autonomous entities and the state
p.000123: governments?
p.000123: The Law provides that the Legislative and Judicial powers, as well as any autonomous constitutional entities,
p.000123: such as IFE, Bank of Mexico and other public institutions with autonomy like UNAM, are obligated to establish
p.000123: their own criteria and procedures, so you can access their information. These criteria and procedures can differ,
p.000123: according to the institution.
p.000123: You can address these entities to make consultations on:
p.000123: • Their Liaison Units or equivalent;
p.000123: • Their information committees or equivalent;
p.000123: • Their access to information procedures, including their appeals;
p.000123: • Their processes to access and correct personal data, and
p.000123: • Their internal instances responsible for law enforcement and solutions to the appeals.
p.000123: Some state governments have recently passed their own access to public government information laws and some
p.000123: others are in process of adopting similar laws.
p.000123:
p.000123:
p.000123:
p.000123:
p.000123:
p.000123:
p.000124: 124
p.000124:
p.000124:
p.000124:
p.000124: ACCESS GUIDE
p.000124:
p.000124:
p.000124:
p.000124:
p.000124:
p.000124: VI.
p.000124: Where can I learn more about the access to infor- mation rights, personal data protection and IFAI?
p.000124:
p.000124: If you wish to learn more about access to information rights, personal data protection, access procedures or
p.000124: the IFAI´s activities, we
p.000124: recommend to go to:
p.000124: • Federal Law of Transparency and Access to Public Government Information, (LFTAIPG, is the acronym in Spanish);
p.000124: • The LFTAIPG regulations for the Federal Executive Power;
p.000124: • The LFTAIPG regulations for the Legislative and Judicial Powers and for the autonomous entities, and
p.000124: • State Laws of Access to Information.
p.000124: All this regulations are available at IFAI’s web page: www.ifai.org.mx.
p.000124:
p.000124:
p.000124:
p.000124:
p.000124:
p.000124:
p.000124:
p.000124:
p.000124:
p.000125: 125
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000125:
p.000126: 126
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126: APPENDIX A
p.000126: Transparency Obligations
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000127: 127
p.000127:
p.000127:
p.000127:
p.000127: TRANSPARENCY
p.000127:
p.000127:
p.000127: Article 7 of the Federal Law of Transparency and Access to Public Government Information states that all
p.000127: public institutions must disclose the following information to society:
p.000127:
p.000127: I II III IV V
p.000127: VI VII VIII
p.000127:
p.000127: Organizational chart;
p.000127:
p.000127: Faculties of each administrative unit;
p.000127:
p.000127: Directory of its public servants, from the Department Principals or equivalent;
p.000127:
p.000127: Monthly salary per position, including the bonus system, as established in the corresponding provisions;
p.000127:
p.000127: The liaison unit’s address, plus e-mail address where all requests for access of information can be received;
p.000127:
p.000127: The goals and objectives of the administrative units, as per their operational programs;
p.000127:
p.000127: The services they offer;
p.000127:
p.000127: Procedures, requirements and forms. If registered in the Federal List of Procedures and Services or in the List
p.000127: established by the Tax Ministry for that matter, those must be published as registered;
p.000127:
p.000128: 128
p.000128:
p.000128:
p.000128:
p.000128: APPENDIX A
p.000128:
p.000128:
p.000128:
p.000128: OBLIGATIONS
p.000128: Information on budgetary allotments, as well as the corresponding fiscal reports, pursuant to the provisions set forth
p.000128: in the Federal Budget of Expenditures. Speaking about the Federal Executive Power, the Treasury Ministry will provide
p.000128: such information per department and entity. The Treasury Ministry will also report the economic situation, the
p.000128: public finance and the public debt, according to the provisions in the abovementioned Budget of Expenditures;
p.000128:
p.000128: X
p.000128: XI
p.000128: XII XIII
p.000128:
p.000128: The findings of budget audits for all departments and entities, performed by either the Comptroller and the
p.000128: Ministry of Administrative Development, the internal comptrollers or the Federal Superior Audit and the corresponding
p.000128: clarifications, if applicable;
p.000128:
p.000128: The design, execution, amounts granted and access criteria to subsidy programs, as well as the list of
p.000128: beneficiaries of social programs established in the Federal Budget of Expenditures Decree;
p.000128:
p.000128: The granted licenses, permits or authorizations, also stating the names of the beneficiaries;
p.000128:
p.000128: The contracts signed according to the provisions set forth in the applicable law, including the following details about
p.000128: every contract:
p.000128: a) Public construction works, purchased or leased goods and con- tracted services; regarding studies or research
p.000128: projects, the specific topic must be stated;
p.000128: b) The amount;
p.000128: c) The name of the supplier, contractor, individual or entity with which the contract was signed, and
p.000128: d) Term to complete the contract.
p.000128:
p.000128:
p.000128:
p.000128:
p.000128:
p.000128:
p.000128:
p.000128:
p.000128:
p.000128:
p.000128:
p.000128:
p.000128:
p.000128:
p.000129: 129
p.000129:
p.000129:
p.000129:
p.000129: TRANSPARENCY
p.000129:
p.000129:
p.000129:
p.000129: XIV XV XVI XVII
p.000129:
p.000129: The regulatory framework applicable to each obligated body;
p.000129:
p.000129: The reports prepared by the obligated body, according to the provisions set forth in the law;
p.000129:
p.000129: The citizens’ participation mechanisms, if applicable; and
p.000129:
p.000129: Any other useful or relevant information, besides those that arebased upon statistical data, and answers the
p.000129: questions most frequently asked by the public.
p.000129:
p.000129:
p.000129:
p.000129:
p.000129:
p.000129:
p.000129:
p.000129:
p.000129:
p.000129:
p.000129:
p.000129:
p.000129:
p.000129:
p.000129:
p.000130: 130
p.000130:
p.000130:
p.000130:
p.000130: APPENDIX A
p.000130:
p.000130:
p.000130:
p.000130: OBLIGATIONS
p.000130:
p.000130:
p.000130:
...
p.000134:
p.000134:
p.000134:
p.000134:
p.000134:
p.000134:
p.000134:
p.000134:
p.000134:
p.000134:
p.000134:
p.000134:
p.000134: • The Liaison Unit has 10 additional workdays to deli-ver the information.
p.000134:
p.000134:
p.000134: DELIVERY
p.000134:
p.000134:
p.000134:
p.000134: FOR SOME EXCEPTIONAL CASES:
p.000134: • The Liaison Unit has 5 workdays to inform that the information is not available in department. If such is the
p.000134: case, the Liaison Unit must advise the petitioner as to where he/she can find such information.
p.000134: • The Liaison Unit has 5 workdays to ask the petitioner to be more precise in
p.000134:
p.000134:
p.000134: his/her application. If so, the petitioner has 30 days to provide details as for what does he/she needs.
p.000134: • The Liaison Unit can request 20
p.000134: additional workdays, only once,
p.000134: as an extension, in order to find and
p.000134: compile the information.
p.000134:
p.000135: 135
p.000135:
p.000135:
p.000135:
p.000135: TERMS AND COSTS
p.000135: COSTS
p.000135:
p.000135: 1 peso
p.000135: for each simple copy
p.000135:
p.000135:
p.000135: 11 pesos
p.000135: for each certified copy
p.000135:
p.000135:
p.000135: 5 pesos
p.000135: for a diskette
p.000135:
p.000135:
p.000135: 10 pesos
p.000135: for a CD
p.000135:
p.000135: * plus shipping expenses
p.000135:
p.000135:
p.000135:
p.000135:
p.000135:
p.000135:
p.000136: 136
p.000136: • The petitioner has 3 months to cover the information reproduction and shipping expenses, after receiving
p.000136: the notification. After such term, the petitioner must start all over again.
p.000136:
p.000136:
p.000136:
p.000136: APPENDIX B
p.000136:
p.000136:
p.000136:
p.000136:
p.000136:
p.000136:
p.000136:
p.000136:
p.000136: ACCESS OR CORRECTION OF PERSONAL DATA
p.000136:
p.000136:
p.000136:
p.000136:
p.000136:
p.000136:
p.000136:
p.000136:
p.000136:
p.000136: REQUEST OF ACCESS TO PERSONAL DATA
p.000136:
p.000136:
p.000136:
p.000136:
p.000136:
p.000136:
p.000136: PERSONAL DATA CORRECTION REQUEST
p.000136: • The Liaison Unit has
p.000136: 10 workdays to deliver the requested personal data.
p.000136:
p.000136:
p.000136:
p.000136:
p.000136:
p.000136: • The Liaison Unit has 30 workdays to provide evidence of the corrections made on the personal data.
p.000136:
p.000136:
p.000136: RESPONSE
p.000136:
p.000136:
p.000136:
p.000136:
p.000136:
p.000136:
p.000136: RESPONSE
p.000136:
p.000136:
p.000136: If the department does not produce the personal data, produces it in an incomprehensible format or denies making the
p.000136: corrections the petitioner demands, the petitioner can file an appeal.
p.000136:
p.000136:
p.000137: 137
p.000137:
p.000137:
p.000137:
p.000137: TERMS AND COSTS
p.000137:
p.000137: APPEALS
p.000137:
p.000137:
p.000137:
p.000137:
p.000137:
p.000137:
p.000137:
p.000137:
p.000137:
p.000137: NEGATIVE NOTIFICATION
p.000137: When the department or entity issues a negative response, the petitioner can file an Appeal.
p.000137:
p.000137:
p.000137:
p.000137:
p.000137:
p.000137: * A n Appeal can also be filed when:
p.000137: • The petitioner receives a negative notification because of the privileged or confidential classification of such
p.000137: information;
p.000137: • The petitioner has 15
p.000137: workdays to file and an appeal
p.000137: at IFAI, after receiving a negative notification.
p.000137:
p.000137:
p.000137:
p.000137:
p.000137:
p.000137:
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p.000137: • The information is incomplete;
p.000137: • The information is not delivered according to the times specified in the law.
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p.000138: APPENDIX B
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Searching for indicator access to information:
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p.000007:
p.000007: TRANSPARENCY,
p.000007: ACCESS TO
p.000007: INFØRMATION
p.000007: AND PERSONAL DATA
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007: REGULATORY FRAMEWORK
p.000007:
p.000007: TRANSPARENCY,
p.000007: ACCESSXTOXINFORMATION
p.000007: AND PERSONAL DATA
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007: REGULATORY FRAMEWORK
p.000007:
p.000007:
p.000007:
p.000007: GOVERNING BODY
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p.000007:
p.000007:
p.000007: Federal Institute for Access to Public Information (IFAI)
p.000007: Av. México 151, Col. Del Carmen Coyoacán, C.P. 04100, Delegación Coyoacán, México D.F. First Edition, IFAI, August 2004
p.000007: ISBN: 968-5954-06-2
p.000007: Printed in Mexico
p.000007:
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p.000007:
p.000007:
p.000007:
p.000007:
p.000007: María Marván Laborde
p.000007: PRESIDENT COMMISSIONER
p.000007:
p.000007:
p.000007:
p.000007: Horacio Aguilar Álvarez de Alba
p.000007: COMMISSIONER
p.000007:
p.000007: Juan Pablo Guerrero Amparán
p.000007: COMMISSIONER
p.000007:
p.000007: Alonso Gómez Robledo Verduzco
p.000007: COMMISSIONER
p.000007:
p.000007: José Octavio López Presa
p.000007: COMMISSIONER
p.000007:
p.000007:
p.000007:
p.000007: Ángel Trinidad Zaldívar
p.000007: EXECUTIVE SECRETARY
p.000007:
p.000007: Francisco Ciscomani Freaner
p.000007: SECRETARY OF RESOLUTIONS
p.000007:
p.000007: Edition in charge of:
p.000007: General Directorate of Attention to Society and Institutional Relations General Directorate of Social Communication
p.000007:
p.000007: Translation in charge of:
p.000007: General Directorate of Research and Studies
p.000007:
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p.000007:
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p.000007:
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p.000007: government to open its files. Now, every petitioner can request any document containing public
p.000007: information from any federal institution, and to obtain it in a fast and simple manner. With this law, the Mexican
p.000007: government is require to submit information on its performance, the use of public resources and their results.
p.000007: Individuals can use all public information to better evaluate their government. In this manner, transparency
p.000007: contributes to the reduction of impunity and corruption.
p.000007: In certain cases, defined by the Law as exceptions, the information under the custody of the Federal
p.000007: Government is privileged or confidential. For example, it is considered privileged when its disclosure
p.000007: jeopardizes national security or the life of any individual. Furthermore, the concept of confidential information
p.000007: is related to personal data, disclosure of which would undermine the right of privacy of individuals.
p.000007: The new legislation was passed in 2002, as a result of the participation of civil society who submitted their own
p.000007: initiative to the
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p.000007: 7
p.000007:
p.000007:
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p.000007:
p.000007:
p.000007:
p.000007: Congress. The Executive along with the legislators, also participated in its creation and it passed
p.000007: unanimously.
p.000007: The Law created the IFAI as an independent organization with the necessary autonomy and authority to enforce
p.000007: the Law, review those cases in which the authorities deny access to information and determine whether the
p.000007: requested information is public, privileged or confidential.
p.000007: Subsequently, the IFAI is putting this document which contains the folowing subjects:
p.000007: • The Federal Law of Transparency and Access to Government Public Information;
p.000007: • The regulations of the Law, applicable to Federal Public Administration departments and entities;
p.000007: • The Decree that created the IFAI;
p.000007: • The Access to Information Guide, a document created by the IFAI –and ordered by the Law– whose objective
p.000007: is to clearly explain the avenues that have been created to access information, and personal data, as well as correct
p.000007: inaccurate personal data;
p.000007:
p.000008: 8
p.000008: • Printed samples of filled-out information request forms, especially detailing each of the steps, costs, and
p.000008: terms involved, is also included.
p.000008: * * *
p.000008: The Federal Law of Transparency offers fast and clear channels with which to exercise the Right of Access to
p.000008: Information, without restrictions, by anyone, and from any place
p.000008: –either through the Internet, by mail or personally at the Liason Units– for any desired purposes. Neither the
p.000008: Law nor the IFAI can prejudge the juridical status of the individuals or their intentions as petitioners, though the
p.000008: IFAI it must try to characterize such information: should the government information be public,
p.000008: then anybody can have it.
p.000008: The enactment of this Law and its associated legal framework represent a qualitative leap in the democratic
...
p.000011: personal and family life, residence, telephone number, patrimony, ideology, political opinions, religious or
p.000011: philosophical beliefs or convictions, physical or mental health, sexual preferences, or any other similar
p.000011: preferences that could have an impact on their intimacy;
p.000011:
p.000011: III. Documents: All files, reports, tests, certificates, resolutions, official letters, correspondence,
p.000011: agreements, policies, guidelines, memos, contracts, covenants, orders, notes, memoranda, statistics or any other
p.000011: registry or record that documents the exercise of the abilities or activities of the compelled agencies and
p.000011: public servants, regardless of the source or the issuance date. Documents may be found in any means such as written,
p.000011: printed, oral, visual, electronic, informative, or holographic;
p.000011:
p.000011: IV. Departments and Entities: Those mentioned in the Organic Law of Federal Public Administration,
p.000011: including the Presidency of the Republic, decentralized
p.000011:
p.000013: 13
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013: bodies and the Attorney General’s Office of the Republic;
p.000013: V. Information: That contained in the documents created, obtained, acquired, transformed or kept by
p.000013: the compelled bodies for any title;
p.000013: VI. Privileged Information: Any information temporarily subjected to any of the exceptions provided in Articles
p.000013: 13 and 14 of this Law;
p.000013: VII. Institute: The Federal Institute of Access to Information created in Article 33 of this Law;
p.000013: VIII.Law: The Federal Law of Transparency and Access to Public Government Information;
p.000013: IX. Autonomous Constitutional Bodies: The Federal Electoral Institute, the National Commission of Human Rights,
p.000013: the Bank of Mexico, the universities and any other academic institutions of higher studies that have received
p.000013: autonomy by law, and any other organization established in the Political Constitution of the United Mexican
p.000013: States;
p.000013: X. Regulation: The regulation related to the Federal Executive Power, the Federal Law of Transparency and Access
p.000013: to Public Government Information;
p.000013: XI. Public Servants: Those mentioned in paragraph one of Article 108 of the Constitution and any other
p.000013: individuals that make use of or manage federal public resources.
p.000013:
p.000014: 14
p.000014:
p.000014: XII. National Security: Actions aimed to protect the integrity, stability, and permanence of the
p.000014: Mexican State, democratic governability, external defense and domestic security of the Federation, aimed to the
p.000014: general well being of the society and enabling the achievement of the goals of the Constitutional State;
p.000014: XIII.Personal Data System: The orderly set of personal data in the possession of a compelled agency;
p.000014: XIV. Compelled Bodies:
p.000014: a) The Federal Executive Power, the Federal Public Administration, and the Attorney General’s Office;
...
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p.000028: 28
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028: INFORMATION ACCESS IN THE FEDERAL EXECUTIVE POWER
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028: Chapter
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028:
p.000028: Liaison Units and Information Committees
p.000028:
p.000028:
p.000028:
p.000028:
p.000028: Article 28
p.000028:
p.000028: The principals of each one of the departments or entities shall appoint a Liaison Unit which shall have the following
p.000028: functions:
p.000028: I. Collect and disseminate the information mentioned in Article 7, furthermore, it shall encourage the
p.000028: administrative units to update said information periodically;
p.000028: II. Receive and process the information requests, mentioned in Articles 24, 25 and 40;
p.000028: III. Assist interested parties in the creation of requests and, if necessary, give them information about the
p.000028: departments, entities or other bodies that may have the data they need;
p.000028: IV. Carry out all needed internal procedures of each department or entity, in order to deliver requested information,
p.000028: and make all necessary notifications as is needed;
p.000028: V. Propose to the Committee internal procedures that will ensure better efficiency in the management
p.000028: of requests for access to information;
p.000028: VI. Enable the number of public servants that are necessary for each department or entity to receive and duely
p.000028: process the requests for access to information;
p.000028: VII. Keep a record of all requests for access to information, and results and costs.
p.000028: VIII.Any other action needed to guarantee and facilitate information flow before the department or entity and
p.000028: interested parties.
p.000028:
p.000030: 30
p.000030: Article 29
p.000030:
p.000030: Each department or entity shall have a Committee of Information which shall have the following functions:
p.000030: I. Coordination and supervision of all actions taken by the department or entity related to the granting
p.000030: of information provided by this Law;
p.000030: II. Implementation, in compliance with the Regulations of the necessary procedures to ensure the highest
p.000030: efficiency in the processing of requests for access to information;
p.000030: III. Confirmation, modification or revoking of the information classification determined by the principals of the
p.000030: administrative units of the department or entity;
p.000030: IV. Performance, through the Liaison Unit, of all necessary procedures to locate the administrative
p.000030: documents where requested information is located;
p.000030: V. Implementation and supervision of specific classification criteria for the department or entity, and
p.000030: the proper maintainance of all administrative documents, as well as, file organization, based upon the
p.000030: guidelines issued by the Institute and by the National General Archive, as applicable;
p.000030: VI. Creation of a program in order to facilitate the gathering of the information of the department or entity,
p.000030: which shall be periodically updated and which shall include all necessary steps to be followed in order to have
p.000030: an organized archive; and
p.000030:
p.000030:
p.000030:
p.000030: FEDERAL LAW
p.000030:
p.000030:
p.000030:
p.000030:
p.000030:
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p.000030: Coordination Direction of the Preventive Federal Police; the Unit against Organized Crime; Presidential Secret
p.000030: Service; the Secret Service of the Army; the Secret Service of the Navy; or the administrative units in lieu of the
p.000030: above, shall not be subjected to the authority of the Committees mentioned in Article 29, and their
p.000030: functions are the sole responsibility of the principal of each administrative unit.
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p.000031: 31
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p.000031:
p.000031: Chapter
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031: Federal Institute of Access to Public Information (IFAI)
p.000031:
p.000031:
p.000031:
p.000031: FEDERAL LAW
p.000031:
p.000031:
p.000031:
p.000031: Article 33
p.000031:
p.000031: The Federal Institute of Access to Public Information is a body that belongs to the Federal Public
p.000031: Administration. It has operative, budget and decision making autonomy, and it is the body in charge of promoting
p.000031: and disseminate the use of the right of access to information; deciding if a request of access to information is
p.000031: accepted or denied; and, protecting all personal data under the custody of the departments and entities.
p.000031: Article 34
p.000031:
p.000031: The Institute is formed by four commissioners, who shall be appointed by the Federal Executive. The Chamber of
p.000031: Senators may object to said appointments by a majority of votes, and, when the chamber is in recess, the Permanent
p.000031: Commission shall have the same voting right. In any case, the legislative office in question shall have thirty days to
p.000031: decide, and once that period has expired and no resolution has been issued, it shall be deemed as if there
p.000031: were no objection to the appointment made by the Federal Executive.
p.000031:
p.000031: The commissioners should only be removed from their position if they have severely breached the provisions
p.000031: contained in the Constitution and in this Law, if they have carried out actions or omissions that have an
p.000031: impact in the Institute, or if they have been sentenced for a severe crime that deserves corporal punishment.
p.000031: They shall remain in that position for a period of seven years, they may not be reelected, and while in office, they
p.000031: may not hold another job, position or commission, except in educational, scientific or charitable institutions.
p.000031: The resolutions issued by the Institute, shall not be subordinated to any authority and it shall make its own
p.000031: decisions with full independence and shall have the human and material resources needed for the
p.000031: performance of its duties.
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p.000033: District, within a period of one year before the appointment.
p.000033:
p.000033:
p.000033: Article 36
p.000033:
p.000033: The Institute shall be chaired by a Commissioner, who shall be the legal representative of the
p.000033: same. He or she shall remain in said position for a period of two years, and can be reelected once and shall be elected
p.000033: by the rest of the commissioners.
p.000033: Article 37
p.000033: The Institute shall have the following powers:
p.000033: I. To interpret this Law, from the administrative point of view, based upon Article 6;
p.000033: II. To know and decide on the appeals filed by the petitioners;
p.000033: III. To establish and review the classification, declassification and custody criteria to be used for privileged
p.000033: and confidential information;
p.000033: IV. To help the National General Archives in the creation and use of the criteria for cataloguing and
p.000033: conservation of documents, as well as in organizing the archives of the departments and entities;
p.000033: V. To supervise, and in case of non fulfill- ment, make recommendations to the departments or entities so
p.000033: that the provisions of Article 7 are fulfilled;
p.000033: VI. To help and advise the petitioners in their requests to access information;
p.000033: VII. To give technical support to the departments or entities in the creation and execution of their
p.000033: information programs as set forth in Paragraph VI of Article 29;
p.000033: VIII. To create the forms to be completed for the request of access to information, as well as those to be used for
p.000033: access and correction of personal data;
p.000033: IX. To establish guidelines and general policies for the management,
p.000033:
p.000034: 34
p.000034:
p.000034:
p.000034:
p.000034: FEDERAL LAW
p.000034:
p.000034:
p.000034:
p.000034:
p.000034:
p.000034: maintenance, safety and protection of personal data that are in the possession of departments and entities;
p.000034: X. To inform the internal control bodies of each department and entity, pursuant the last paragraph of
p.000034: Article 56, of probable infractions of this Law and its Regulations. The Institute shall be notified on any
p.000034: final resolution that the internal control bodies issue on such matters, and that have already been
p.000034: decreed, and the Institute shall make them public by means of its annual report;
p.000034: XI. To create the guide mentioned in Article 38;
p.000034: XII. To promote and, if applicable, carry out the training of public servants regarding access to information and
p.000034: protection of personal data matters;
p.000034: XIII. To spread among public servants and the general public the benefits of public management of information, as
p.000034: well as its responsibility for the good use and conservation of the same;
p.000034: XIV. To create and make public studies and investigations to disseminate and widen the knowledge about the subject
p.000034: matter of this Law;
p.000034: XV. To cooperate, regarding the subject mat- ter of this Law, with other compelled bodies, federal entities,
p.000034: municipalities or its other bodies of access to information, by entering agreements or programs;
p.000034: XVI. To create its internal Regulations and other operational standards;
p.000034: XVII. To appoint the public servants under its charge;
p.000034: XVIII.To prepare an annual budget plan, which shall be sent to the Tax Ministry in order to be included in the Federal
p.000034: Budget of Expenditure; and
p.000034: XIX. Any other power conferred by this Law, its Regulations and any other applicable provision.
p.000034:
p.000034:
p.000034: Article 38
p.000034:
p.000034: The Institute shall create a guide describing, in a clear and simple manner, the procedures to access information that
p.000034: are to be followed by the departments and entities.
p.000034:
p.000034: Article 39
p.000034:
p.000034: The Institute shall render an annual public report to the Hon. Congress about access to information, based upon
p.000034: the data supplied by the departments and entities, according to Articles 29, Paragraph VII. Said report shall
p.000034: include, at least, the number of requests of access to information filed before each department and entity, as
p.000034: well as the time of reply, number and result of cases under care of by the Institute, the current state of claims filed
p.000034: before the internal control bodies and the problems encountered during the fulfillment of the Law. For this purpose the
p.000034: Institute shall issue guidelines that it considers necessary.
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p.000035:
p.000035: Chapter
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035:
p.000035: Access Procedure before the Department or Entity
p.000035:
p.000035:
p.000035:
p.000035: FEDERAL LAW
p.000035:
p.000035:
p.000035:
p.000035: Article 40
p.000035:
p.000035: Any person, or his/her representative may file, before the Liaison Unit, a request for access to information by means
p.000035: of a personal written document or by means of the forms that have been approved by the Institute. Said request shall
p.000035: include:
p.000035: I. Petitioner’s name and domicile or address where the petitioner may be notified, such as e-mail; and the
p.000035: personal data of the petitioner’s representative, if applicable;
p.000035: II. Clear and precise description of the documents being requested;
p.000035: III. Any other piece of information that could facilitate its location; and
p.000035: IV. The way in which the access to the information should be given is optional: this can be done verbally as
p.000035: long as it is only for consultation purposes or direct consultation, or simple or certified copies or a different
p.000035: type of means.
p.000035: If the information supplied by the petitioner is not enough to locate the documents or if such information is
p.000035: incorrect, the Liaison Unit may, only once and within a ten day period after the presentation of the request, ask the
p.000035: petitioner to give more information or to correct the original information. This prerequisite shall interrupt
p.000035: the term mentioned in Article 44.
p.000035: The Liaison Unit will help the petitioners in completing requests for access to information, especially
p.000035: in cases in which the petitioner is illiterate. In the case that the requested information does not belong to
p.000035: the department or entity to which it was
p.000035:
p.000035:
p.000035: requested, the Liaison Unit shall duly advise the petitioner as to which department or entity is the correct one.
p.000035: If the request has been filed before an administrative unit other than the Liaison Unit, the administrative
p.000035: unit shall advise the petitioner of the physical address of the corresponding Liaison Unit.
p.000035: Under no circumstance, can the information delivery be conditioned on the statement of the reason for requesting it and
p.000035: neither shall it be necessary to prove the reason for interest in the information.
p.000035:
p.000035: Article 41
p.000035:
p.000035: The Liaison Unit shall be the bridge between the department or entity and the petitioner, since it is the body
p.000035: responsible for carrying out the notifications mentioned in this Law. Furthermore, it shall perform all
p.000035: necessary procedures in the department or entity in order to facilitater the access to information.
p.000035:
p.000035: Article 42
p.000035:
p.000035: The departments and entities shall only be obliged to deliver those documents that they have in their files. The
p.000035: obligation of granting access to information shall be deemed covered when the documents requested have been made
p.000035: available to the petitioner; or, by the issuance of simple or certified copies or any other means.
p.000035:
p.000037: 37
p.000037:
p.000037:
p.000037:
p.000037:
p.000037:
p.000037:
p.000037: Access shall only be delivered in the manner in which the document in question allows it to be done, however, it shall
p.000037: be submitted either total or partially, according to the request.
p.000037: In the case that the requested information has already been made available to the general public in hard copies,
p.000037: such as books, outlines, brochures, public files, available electronic formats, Internet, or any other method,
p.000037: the source of the information shall be supplied in writing, as well as the place and manner in which it can
p.000037: be accessed, reproduced or acquired.
p.000037:
p.000037: Article 43
p.000037:
p.000037: The Liaison Unit shall submit the request to the administrative unit that has or could have the information, with
p.000037: location, and classification ratification, after which it will inform the Liaison Unit on the access method
p.000037: and availability, in order to determine the cost, if applicable.
p.000037: The administrative units may deliver documents with information classified as privileged or
p.000037: confidential, as long as it is possible to delete or eliminate the privileged or confidential portions in said
p.000037: documents. In such cases, those eliminated portions shall be summarized.
p.000037: Article 44
p.000037:
p.000037: The answer to the request shall be given to the petitioner as early as possible, and it shall not take longer than
p.000037: twenty workdays from the date the request was filed. Furthermore, the cost and manner in which the information is going
p.000037: to be delivered should be stated, paying close attention to the preferences stated in the request. Exceptionally,
p.000037: this term can be extended, up to twenty more workdays, as long as there are justifying reasons and those are
p.000037: provided to the petitioner.
p.000037: The information shall be delivered within ten workdays after the date in which the Liaison Unit notified the
p.000037: availability of the same, and as long as the petitioner shows evidence of having paid the corresponding fees.
p.000037: The Regulations shall establish the manner and terms in which the requests of access to information shall be
p.000037: handled internally.
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p.000038: 38
p.000038:
p.000038:
p.000038:
p.000038: FEDERAL LAW
p.000038:
p.000038:
p.000038:
p.000038: Article 45
p.000038:
p.000038: In case the principal of the administrative unit has classified the documents as privileged or confidential, the
p.000038: request shall be immediately returned to the Committee of the department or entity in question, along with an official
p.000038: document stating the reasons for the classification, and the Committee itself must decide if:
p.000038: I. The classification is confirmed or modified, and thereby denying access to said information; or
p.000038: II. The classification is revoked, thereby granting access to said information.
p.000038: The Committee may have access to the documents found in the administrative unit. The resolution made by the
p.000038: Committee shall be submitted to the interested party within the term set forth in Article 44. In the case of a negative
p.000038: resolution, the Committee shall state the reasons and groundings for the decision and advise the petitioner what
p.000038: recourse may be used.
p.000038: Article 46
p.000038:
p.000038: When the documents are not found in the archives of the administrative unit, said unit shall send the request,
p.000038: along with an official letter, to the Committee. The Committee shall analyze the case and shall take all necessary
p.000038: steps to locate, in the department or entity, the requested document and shall decide accordingly. In case the
p.000038: document is not found, it shall issue a certification stating the non existence of said document and shall notify the
p.000038: petitioner, by means of the Liaison Unit, and within the term described in Article 44.
p.000038:
p.000038:
p.000038: Article 47
p.000038:
p.000038: All requests for access to information and replies, including, if applicable, the information delivered, shall
p.000038: be public. Furthermore, the departments and entities shall make available this information to the general public,
p.000038: whenever possible, by remote means or local electronic ones.
p.000038:
p.000038:
p.000038: Article 48
p.000038:
p.000038: Liaison Units are not obligated to handle offensive requests for access to information, when they have
p.000038: already delivered identical information to the same petitioner, or when the information is already public. In these
p.000038: cases, it shall only remind the petitioner as to where the information can be found.
p.000038:
p.000039: 39
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
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p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039: Chapter
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039:
p.000039: Procedings before the Institute
p.000039:
p.000039:
p.000039:
p.000039: FEDERAL LAW
p.000039:
p.000039:
p.000039:
p.000039: Article 49
p.000039:
p.000039: Any petitioner who has been notified, by means of a resolution of the Committee, of the denial to access
p.000039: information or the non-existence of the requested documents, may file, by themselves or through a
p.000039: representative, an appeal before the Institute or before the Liaison Unit that heard the case, within a period of
p.000039: fifteen workdays from the date of said notification. The Liaison Unit shall turn the case over to the Institute on the
p.000039: day following its reception.
p.000039: Article 51
p.000039:
p.000039: The appeal provided in Articles 49 and 50 shall also replace the one mentioned in Article 83 of the Federal Law of
p.000039: Administrative Procedures.
p.000039:
p.000039:
p.000039: Article 52
p.000039:
p.000039: The Institute shall correct any deficiencies found in the appeals filed by the interested parties.
p.000039:
p.000039:
p.000039: Article 50
p.000039:
p.000039: The appeal may also be filed if:
p.000039: I. The department or entity does not deliver to the petitioner the personal data requested, or does it in an
p.000039: incomprehensible format;
p.000039: II. The department or entity refuses to make modifications or corrections to personal data;
p.000039: III.The petitioner does not agree with the time, cost or manner of delivery; or
p.000039: IV.The petitioner considers that the information delivered is incomplete or does not correspond to the
p.000039: information described in the request.
p.000039:
p.000039: Article 53
p.000039:
p.000039: The absence of reply to a request for access to information within the term set forth in Article 44 shall be deemed
p.000039: as a positive one, and the department or entity shall be obliged to grant access to the information within 10 workdays,
p.000039: and shall pay for all the expenses resulting from the reproduction of the material, unless the Institute
p.000039: determines that the documents are privileged or confidential.
p.000039: In order to fully comply with the provisions of the first paragraph of this Article, the Regulation shall implement
p.000039: an expedited procedure to correct those non-compliances from the departments and agencies
p.000039: regarding information delivery. For this effect, individuals can either present the evidence referred to in Article 17
p.000039: of the Federal Law of Administrative Procedures issued by the corresponding Liaison Unit, or either it shall be
p.000039: sufficient to present
p.000039:
p.000039:
p.000041: 41
p.000041:
p.000041:
p.000041:
p.000041:
p.000041:
p.000041:
p.000041: copy of the original request, showing the date on which it was filed before the department or entity. In this latter
p.000041: case, the procedure will insure that they have the opportunity to demonstrate their timely and proper reply to
p.000041: the petitioner.
p.000041:
p.000041:
p.000041: Article 54
p.000041:
p.000041: The appeal-making document shall include:
p.000041: I. The department or entity before which the request was filed;
p.000041: II. The name of the petitioner and the third interested party, if applicable, as well as the address or means by which
p.000041: the petitioner shall receive notifications;
p.000041: III. The date of the notification or when the petitioner knew about the contested act;
...
p.000042: I. The appellant expressly withdraws the appeal;
p.000042: II. The appellant should die or, in the case of a corporation, it is dissolved;
p.000042: III. When the objection has been admitted, and there appears an unlawful motive under the terms of the
p.000042: present law; or
p.000042: IV. The department or entity responsible for the act or resolution which was contested modifies or revokes it, and the
p.000042: appeal is null and void.
p.000042:
p.000042:
p.000043: 43
p.000043:
p.000043:
p.000043:
p.000043: Article 59
p.000043:
p.000043: The resolutions of the Institute shall be definitive for the departments and entities. The petitioners can
p.000043: appeal before the Judicial Power of the Federation.
p.000043: The courts shall have access to privileged or confidential information when it is indispensable for the
p.000043: resolution of the matter and it has been used in a trial. Said information should be maintained as such and
p.000043: shall not be available in the judicial file.
p.000043:
p.000043:
p.000043: Article 60
p.000043:
p.000043: The affected petitioner can request before the Institute to reconsider a resolution once a year has elapsed from the
p.000043: date on which the Institute issued the resolution confirming the decision of a Committee;
p.000043: Said reconsideration must refer to the same request and must be resolved within a maximum of 60 days.
p.000043:
p.000043:
p.000043:
p.000043:
p.000043:
p.000043:
p.000043:
p.000043:
p.000043:
p.000043:
p.000044: 44
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044: ACCESSXTOXINFORMATION FOR OTHER COMPELLED BODIES
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044:
p.000044: Chapter One
p.000044:
p.000044:
p.000044:
p.000044:
p.000044: Article 61
p.000044:
p.000044: The Federal Legislative Power, through the Chamber of Senators, the Chamber of Deputies, the Permanent
p.000044: Commission, the Federal Superior Auditing Office, Judicial Power of the Federation through the Supreme Court of
p.000044: Justice of the Nation, Council of the Federal Judicature, the Administration Commission of the Federal Electoral
p.000044: Tribunal, the autonomous constitutional bodies and the administrative tribunals, within their respective
p.000044: competence, shall establish by means of rules or agreements of a general character, the bodies, criteria and
p.000044: institutional procedures to make available access to information to the people, in compliance with the principles and
p.000044: time limits established in this Law.
p.000044:
p.000044: The issued provisions shall indicate, as applicable:
p.000044: I. The administrative units responsible for publishing the information referred to in Article 7;
p.000044: II. The Liaison Units or their equivalents;
p.000044: III. The Information Committee or its equivalent;
p.000044: IV. The classification and maintenance criteria and procedures for privileged or confidential information;
p.000044: V. The procedure for access to the information, including appeals, pursuant Article 49 and 50, and one of
p.000044: reconsideration under the terms of Article 60;
p.000044: VI. The procedures for access and correction of the personal data referred to in Article 24 and 25; and
p.000044:
p.000046: 46
p.000046:
p.000046:
p.000046: VII.An internal unit responsible for enforcing the Law, for resolvings appeals and other powers granted by this
p.000046: ordinance.
p.000046:
p.000046:
p.000046: Article 62
p.000046:
p.000046: The compelled bodies referred to in the previous Article shall render a yearly public report on those activities
p.000046: carried out to guarantee the access to information, following the guidelines set forth in Article 39, of which a
p.000046: copy is to be sent to the Institute.
p.000046:
p.000046:
p.000046:
p.000046:
p.000046:
p.000046:
p.000046:
p.000046:
p.000046: RESPONSIBILITIES AND SANCTIONS
p.000046:
p.000046:
p.000046:
p.000046: Chapter One
p.000046:
p.000046:
p.000046:
p.000046:
p.000046: Article 63
p.000046:
p.000046: The following shall be causes of administrative misconduct of public servants, due to non fulfillment of
p.000046: the obligations set forth in this Law:
p.000046: I. To use, remove, destroy, hide, disable, divulge, or alter, totally or partially, and in an undue manner,
p.000046: information which is under their custody, and to which they have access or knowledge due to their job, position
p.000046: or commission;
p.000046: II. To act with negligence, deceit or bad faith in the substantiation of the requests for access to information or
p.000046: propagation of information to which they are obliged according to this Law;
p.000046: III. To intentionally deny non-privileged or non-confidential information as if it were privileged or confidential,
p.000046: according to the Law;
p.000046: IV. To deceitfully classified as privileged, any information that does not fulfill the characteristics described
p.000046: in this Law. The sanction will only be procedural when there is a previous resolution by the Committee,
p.000046: the Institute, or equivalent instance, regarding the classification criteria of this type of information as
p.000046: set forth in Article 61;
...
p.000048: after the Law is in full force and effect.
p.000048: Third. The principals of the departments and entities of Public Federal Administration should designate the Liaison
p.000048: Units and the members of the Committees referred to in this Law, at the latest, six months after this ordinance is in
p.000048: force, and their functions are to begin simultaneously. Furthermore, they must notify the Comptroller’s
p.000048: and Administrative Development Ministry, which must publish the list of the Liaison Units in the Federal Official
p.000048: Newspaper. The creation of the structures referred to in this provision should be done with the allocated human,
p.000048: material and budget resources; therefore, they should not imply additional expenses.
p.000048:
p.000048: Fourth. The compelled bodies referred to in Article 61 should publish the corresponding provisions, at the latest one
p.000048: year after the Law is in full force and effect.
p.000048: Fifth. The designation of the first five commissioners must be made three months after the Law is in force, at
p.000048: the latest. During the exercise of first period, three commissioners shall conclude their position in
p.000048: four years, and can be ratified for a new period of 7 years. The Executive shall indicate in his
p.000048: designation the exercise period for each Commissioner.
p.000048: Sixth. The Federal Executive shall issue the Regulations of this Law within the year after it comes in full force and
p.000048: effect.
p.000048: Seventh. The Institute shall issue its internal bylaws within the year after the Law came in full force and effect.
p.000048: Eighth. The interested parties can present their requests for access to information or for access and correction
p.000048: of personal data one year after the Law is in full force and effect.
p.000048: Ninth. Except for what is provided in Article 53, Article 17 of the Federal Law for Administrative
p.000048: Procedures is not applicable to the present Law.
p.000048: Tenth. The compelled bodies should, at the latest on the 1st of January, 2005, complete the organization and
p.000048: functioning of their administrative files, as well as the publication of the guide referred to in Article 32.
p.000048: Eleventh. The Federal Budget of Expenditure for 2003 should establish the corresponding budget estimate in order to
p.000048: allow the adequate integration and functioning of the Institute.
p.000048:
p.000048:
p.000050: 50
p.000050:
p.000050:
p.000050:
p.000050: FEDERAL LAW
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050: In fulfillment of what is provided by Paragraph I of Article 89 of the Political Constitution of the United Mexican
p.000050: States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive
p.000050: Power, in Mexico City, Federal District, on the tenth day of the month of June of the year two thousand and two.-
p.000050: Vicente Fox Quesada.- A flourish.- Government Ministry, Santiago Creel Miranda.- A flourish.
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
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p.000050:
p.000050:
p.000050:
p.000050:
p.000050:
p.000051: 51
p.000051:
p.000051:
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p.000051:
p.000051:
p.000051:
p.000051:
p.000051:
p.000051:
p.000051:
p.000051:
p.000051:
p.000051:
p.000051:
p.000051:
p.000051:
p.000051:
...
p.000081: date, notwithstanding that these were made available to the public through an exclusive system determined by
p.000081: the Institute for these purposes.
p.000081: Article 61
p.000081:
p.000081: The Committees must submit to the Institute, through the systems that for this purpose it establishes, within the first
p.000081: twenty workdays of the month of January of each year, all the information they have regarding:
p.000081: I. The number and type of information requests submitted and their results, including those in which it was
p.000081: not possible to find the information in the files.
p.000081: II. Time spent in replying to the requests.
p.000081: III. The status of the appeals promoted by the Institute before the internal control bodies; and
p.000081: IV. The difficulties observed in the fulfillment of the Law, these Regulations and other applicable dispositions.
p.000081:
p.000081:
p.000081:
p.000081:
p.000081:
p.000081:
p.000081:
p.000081:
p.000081:
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p.000081:
p.000082: 82
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082: Chapter
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082:
p.000082: Federal Institute of Access to Public Information
p.000082:
p.000082:
p.000082:
p.000082:
p.000082: Article 62
p.000082:
p.000082: Notwithstanding the provisions of Article 37 of the Law, the Institute may:
p.000082: I. Design procedures and establish systems so that the departments and entities receive, process and resolve the
p.000082: requests of access to information, as well as to personal data and their correction.
p.000082: II. Establish systems so that the departments and entities can submit to the Institute resolutions, criteria,
p.000082: requests, consultations, briefings and any other information through electronic media, of which the
p.000082: transmission guarantees, given the case, the security, integrity, authenticity, reservation and
p.000082: confidentiality of the information and generates electronic registry of the dispatch and corresponding
p.000082: delivery.
p.000082: III. To perform visits or mandate that the departments and entities in order to assure the proper classification
p.000082: or declassification of information, or the procedure for granting access to the same.
p.000082: IV. Exercise other powers that the Law confer, these Regulations and other applicable dis- positions.
p.000082: Article 64
p.000082:
p.000082: The Institute will publish in the Official Federal Newspaper the guidelines and other administrative acts
p.000082: of a general character thereby issued.
p.000082: The Institute will display on its Internet website the excerpts of their resolutions, including those on appeals,
p.000082: and any other information that it considers of interest.
p.000082:
p.000082: Article 65
p.000082:
p.000082: The Liaison Unit and the Institute’s Committee will not have access to the following information:
p.000082: I. Information received from the departments and entities so that the Institute acknowledges,
p.000082: verifies or orders its classification or declassification according to the dispositions of the Law, these
p.000082: Regulations and other applicable provisions, and
p.000082: II. That contained in the appeals files, as long as they have not been resolved.
p.000082:
p.000082: Article 63
p.000082:
p.000082: The Plenary Meeting of the Institute will designate a Liaison Unit and will integrate the Committee under the
p.000082: terms of the Law.
p.000082:
p.000082:
p.000084: 84
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084: Chapter
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084:
p.000084: On Access to Information Procedures
p.000084:
p.000084:
p.000084:
p.000084:
p.000084: Article 66
p.000084:
p.000084: Regarding Article 40 of the Law, access to information requests can be filed by personal document, by the
p.000084: forms created by the Institute for such purpose or by the system thereby established. Both the forms and the system
p.000084: must be available in the Liaison Units, facilities, representations and delegations that have enabled public servants,
p.000084: as well as in the departments, entities and Institute Internet Web Sites.
p.000084: The petitioner can indicate which person or persons are authorized to file, if necessary, the appeals referred to in
p.000084: Articles 49 and 50 of the Law in his/her request document.
p.000084: The requests for access to information can be presented personally or through a representative at
p.000084: the address of the corresponding department or entity Liaison Unit or in the address of its
p.000084: facilities, representations or delegations that have enabled public servants. Furthermore, such request can be
p.000084: filed by certified mail or courier with acknowledged receipt and electronically through the system thereby established
p.000084: by the Institute for such purpose. In any event, the Institute shall confirm or send to the petitioner a receipt
p.000084: clearly acknowledging the corresponding filing date.
p.000084: Article 67
p.000084:
p.000084: The representation referred to in Article 40 of the Law can be held by an authorized third party with
p.000084: power-of-attorney signed before two witnesses with no need of previous signature ratification or any other
p.000084: formality. The representation cannot be accepted when the access request is made by electronic means.
p.000084:
p.000084:
p.000084: Article 68
p.000084:
p.000084: Those petitioners must indicate when completing their request for access to information, the
p.000084: mechanism to be used for the corresponding resolution notification, pursuant Article 44 of the Law. Such notification
p.000084: can be:
p.000084: I. Personally or through a representative in the Liaison Unit address or in their facilities, representations and
p.000084: delegations that have enabled public servants;
p.000084: II. By certified mail or courier with acknowledged receipt, provided that in this latter case,
p.000084: the payment of the corresponding service is covered upon filing the request; and
...
p.000084: indicate that he/she accepts the same method to receive notifications. The department or entity must provide
p.000084: the petitioner with the password that allows him/her to access the system.
p.000084:
p.000084:
p.000086: 86
p.000086:
p.000086:
p.000086:
p.000086: REGULATIONS
p.000086:
p.000086:
p.000086:
p.000086:
p.000086:
p.000086:
p.000086: Whenever a petitioner files a request by electronic means through the Institute system, it shall be understood
p.000086: that he/she accepts that the notifications are made by the same system, except if it is indicated different manner to
p.000086: receive such notifications is preferred.
p.000086: In case that the petitioner does not specify the manner in which he/she should be notified about the resolution
p.000086: or does not cover the payment for the courier service mentioned in paragraph II of this Article, the notification
p.000086: shall be delivered by certified mail or by public posting in a conspicuous place if an address is not specified.
p.000086: This Article shall be applicable in the case of term extension notifications referred to in the first paragraph of
p.000086: Article 44 of the Law.
p.000086:
p.000086: Article 69
p.000086:
p.000086: Those Liaison Units receiving requests for access to information that are not in the possession of the
p.000086: corresponding department or entity, must assist and give orientation to petitioners, through the means indicated
p.000086: in the request and within the next five workdays, on those departments or entities that could have such information. In
p.000086: such cases, the individual’s petition will not be considered as a request of access to information in compliance with
p.000086: the Law and this Regulation.
p.000086: Article 70
p.000086:
p.000086: Each department or entity Committee can set the internal terms and procedures to process the access requests, which
p.000086: must be discharged in a maximum term of the twenty workdays referred to in Article 44 of the Law, including the
p.000086: notification to the petitioner through the Liaison Unit. In failure to do so, such procedure will adhere to the
p.000086: following:
p.000086: I. Upon receipt of the request, the Liaison Unit must submit it to the administrative units that could have the
p.000086: information, within two workdays after receiving the request.
p.000086: II. In case that the information is available and public, the administrative unit must so notify so to the
p.000086: Liaison Unit, within fifteen workdays after receiving the request from the said Unit, indicating, if applicable, the
p.000086: reproduction and delivery costs, according to the various methods included in Articles 51 and 54 of this Regulation,
p.000086: or the source, place and manner in which the information can be obtained or reproduced, as well as the corresponding
p.000086: costs if the information is related to the assumptions mentioned in Articles 42, third paragraph of the Law, and 50 and
p.000086: 52 of the Regulation;
p.000086:
p.000086: III. In the case that the administrative unit determines that the requested information is privileged or
p.000086: confidential, both the access request and a document grounding and motivating the corresponding classification
p.000086: shall be submitted to the Committee, within eight workdays after receiving the request. The Committee can
...
p.000087: or confidential documents, or if a document contains portions or sections with this type of information,
p.000087: both the access request and a document grounding and motivating the corresponding classification shall be
p.000087: submitted to the Committee, within the same term indicated above, as well as a reproduction of the public version
p.000087: of those documents that are not privileged or confidential or from which those portions or sections containing
p.000087: privileged or confidential information have been deleted. The Committee can confirm, modify or revoke the
p.000087: mentioned classification, and for that purpose, the Committee shall be able to access privileged or confidential files
p.000087: or documents. The Committee shall proceed pursuant to the provisions of Article 41 of this Regulation and issue a
p.000087: grounded and motivated resolution; and
p.000087:
p.000087: V. In case that the administrative unit determines that the requested information is not in their
p.000087: possession, a report describing this fact and giving direction related to the possible location of the
p.000087: requested information must be submitted to the Committee within five workdays after receiving the request from the
p.000087: Liaison Unit. The Committee shall proceed in compliance with the provisions of Article 56 of the Law.
p.000087:
p.000088: 88
p.000088:
p.000088: The Committees must issue those resolutions referred to in Articles 45 and 46 of the Law in the fastest possible
p.000088: manner.
p.000088:
p.000088:
p.000088: Article 71
p.000088:
p.000088: The Committees can decide to extend the term to reply to a request of access to information in compliance with the
p.000088: first paragraph of Article 44 of the Law. The notification submitted to the petitioner must explain in a grounded
p.000088: and motivated manner, the reasons that justify the said extension. Negligence or carelessness by the department or
p.000088: entity regarding the request discharge cannot be invoked as causes of the term extension.
p.000088:
p.000088:
p.000088: Article 72
p.000088:
p.000088: Those Committee resolutions that deny access to information or determine that the files or documents include
p.000088: privileged or confidential portions or sections, the corresponding classification must be grounded and
p.000088: motivated and must state that the petitioner can file an appeal before the Institute, and provide the
p.000088: corresponding form the Internet Web Site from which the form can be obtained and file it through the Institute
p.000088: System, or furthermore, allow access to such system if so is requested.
p.000088:
p.000088:
p.000088: REGULATIONS
p.000088:
p.000088:
p.000088:
p.000088:
p.000088: Article 73
p.000088:
p.000088: Notwithstanding the provisions of Article 50 of this Regulation, the costs and methods for the reproduction of the
p.000088: information must be specified, pursuant the provisions of Articles 51 and 52 of the same Regulation, serving
p.000088: whenever procedural, the petitioner’s request.
p.000088: If such is the case, the information can be made available to the petitioner by physical consultation at
p.000088: the department or entity, preferable and whenever possible, in the Liaison Unit address. If this is not
p.000088: possible, the Liaison Unit must make sure that the consultation is performed in the proper facilities.
p.000088: Article 75
p.000088:
p.000088: The petitioners will have a term of three months after the resolution of access to information is notified
p.000088: to use said resolution. Therefore, they must start the consultation as indicated or cover the reproduction or delivery
p.000088: costs accordingly. After such term, petitioner must file a new request for access to information with no
...
p.000091: the forms can be obtained to be filed through the Institute system, or allow access to the said system, if so is
p.000091: requested.
p.000091:
p.000091: Article 81
p.000091:
p.000091: When the petitioner requests certified copies of his/her personal data or its correction, the resolution dates will
p.000091: start counting one day after having demonstrated that the corresponding costs have been covered.
p.000091:
p.000091:
p.000092: 92
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p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092:
p.000092: Chapter
p.000092:
p.000092:
p.000092: On Procedures before the Institute
p.000092:
p.000092:
p.000092:
p.000092:
p.000092: Article 82
p.000092:
p.000092: Pursuant to the provisions of Article 51 of the Law, the appeal set forth in Articles 49 and 50 of the same, is
p.000092: procedural. This appeal shall be substantiated according to the Law, to this Regulation, and for the not
p.000092: foreseen, to the provisions of the Federal Law of Administrative Procedures.
p.000092:
p.000092:
p.000092: Article 83
p.000092:
p.000092: Regarding of Articles 26, 49 and 50 of the Law, appeals can be filed by personal document, by the forms determined by
p.000092: the Institute for such effects, or through the system indicated by the Institute. Both the forms and the system shall
p.000092: be available at the Liaison Units, their facilities, representations and delegations, that have enabled
p.000092: public servants, as well as in the department, entities and Institute Web Sites.
p.000092: The filing of an appeal regarding the access to information procedures can be done personally or by a representative at
p.000092: the Institute’s address or in the site previously authorized by the same, as well as in the corresponding department or
p.000092: entity Liaison Unit.
p.000092: Such appeal can be delivered by certified mail or courier with acknowledged reception, and by electronic means through
p.000092: the Institute system; in any event, reception acknowledgment shall be submitted, confirmed or filed to the petitioner,
p.000092: clearly displaying the corresponding filing date.
p.000092:
p.000092:
p.000092: For appeals of requests for access to information, it shall not be necessary to certify the identity of the interested
p.000092: party and the representation can be held in terms of Article 84 of this Regulation. The electronically filed appeals
p.000092: must be filed by the interested party and in such case, representation is inadmissible.
p.000092: Regarding personal data, the owner of such personal data or his/her legal attorney must file the appeals.
p.000092: Furthermore, such appeal can be electronically filed, provided the petitioner has a certification of the
p.000092: electronic means of identification referred to in Article 69-C of the Federal Law of Administrative Procedures.
p.000092: The term referred to in Article 55 of the Law shall start counting one day after the Institute receives the
p.000092: appeal.
p.000092:
p.000092:
p.000092:
p.000092: Article 84
p.000092:
p.000092: The representation referred to in Article 49 of the Law must be demonstrated by power of attorney signed before two
p.000092: witnesses, with no need of previous signature ratification or any other formality.
p.000092: The representation can also be demonstrated by presenting the request for access to information that originated the
p.000092: contested resolution, in which the person that can file the procedural defense means has been expressly authorized to
p.000092: do so.
p.000092:
p.000094: 94
p.000094:
p.000094:
p.000094:
p.000094: REGULATIONS
p.000094:
p.000094:
p.000094:
p.000094:
p.000094: Article 85
p.000094:
p.000094: In compliance with paragraph IV of Article 55 of the Law, when the appeal is electronically filed, the contested
p.000094: resolution must be attached to the same electronic documents and, if applicable, a copy of the
p.000094: corresponding notification. Optionally, such documents can be reproduced in hard copies and sent to the
p.000094: Institute.
p.000094:
p.000094:
p.000094: Article 86
p.000094:
p.000094: Those petitioners filing appeals must state how they desire to be notified on the corresponding resolutions, pursuant
p.000094: to Article 56 of the Law. Such notification can be made:
p.000094: I. Personally or through a representative at the Institute address;
p.000094: II. By certified mail or courier, with acknowledged reciept, provided in this latter case that, when
p.000094: filing the recourse, the cost for the corresponding service is covered; and
p.000094: III. Electronically, through the Institute system, in which case the petitioner must indicate his/her acceptance
p.000094: to use the same means to receive notifications, provided he/she is supplied with the necessary access elements.
p.000094: When a petitioner files an appeal of revision electronically through the Institute system, it shall be understood
p.000094: that he/she accepts to use the same system to receive notifications, unless a different means for such purpose is
p.000094: specified.
p.000094:
p.000094:
...
p.000104: Institute. It will deliberate
p.000104:
p.000104: The Federal Institute of Access to Public Information is a decentralized, non-sectored body, with legal
p.000104: recognition and own patrimony, with legal address in Mexico City.
p.000104: The institute will have operative, budgetary and decisive autonomy, under the terms of the Law that creates it and
p.000104: this Decree, without prejudice that in matters of expenditure, budget and accounting, will govern itself under
p.000104: the Budgetary, Accounting and Federal Public Expenditure Law, the Federation’s Expenditure Budget of every fiscal year
p.000104: and the dispositions that emanate from these last two.
p.000104: as a body and will undertake resolutions by majority of votes, in compliance with its Internal Regulations.
p.000104: For the effects of its resolutions, the Institute Plenum will not be subordinated to any authority, and
p.000104: therefore will adopt the said decisions with full independence.
p.000104: The Plenum will have, in addition to the powers set forth in the Federal Law of Transparency and Access
p.000104: to Public Government Information, the ones stated in Article 58 of the Federal Law of Government-Owned
p.000104: Corporations.
p.000104:
p.000104:
p.000104: Article 2
p.000104: The Institute will have as an objective the promotion and spreading of exercising the right of access to
p.000104: information; resolve on denials of access to information requests, and to protect personal data in the hands
p.000104: of government departments and entities.
p.000104: Article 5
p.000104: The Principal Commissioner of the Institute, appointed by the Plenum, will exercise the legal representation of
p.000104: the entity and will have the faculties established in the Federal Law of Transparency and Access to Public
p.000104: Government Information, its Regulations, and the Internal Regulations of the Institute.
p.000104:
p.000104:
p.000104: Article 3
p.000104: For the fulfillment of its objective, the Institute will have the powers set forth in the Federal Law of
p.000104: Transparency and Access to Public Government Information and the remaining applicable legal dispositions.
p.000104:
p.000104:
p.000104:
p.000104:
p.000104:
p.000105: 105
p.000105:
p.000105:
p.000105:
p.000105:
p.000105: Article 6
p.000105: The Institute will have Secretaries appointed by the Plenum, in compliance with the approved budget, and in charge
p.000105: of administrative, operational and substantiated activities of all procedures. The procedural faculties shall be
p.000105: distributed among the Secretaries, as well as all necessary competence empowerment for the organization and performance
p.000105: of the said body.
p.000105: Furthermore, the Institute will have subordinated personnel and the necessary support for the
p.000105: efficient dispatch of its attributions, in compliance with its authorized budget.
p.000105:
p.000105:
p.000105: Article 7
p.000105: The patrimony of the institutions is integrated by:
p.000105: I. The resources yearly allotted by the Federation’s Expenditure Budget, for its functions.
...
p.000111:
p.000111: Law enforcement activities to prevent the trafficing of infants, is privileged information.
p.000111: The medical record of a patient is confidential information.
p.000111:
p.000112: 112
p.000112:
p.000112:
p.000112:
p.000112: ACCESS GUIDE
p.000112:
p.000112:
p.000112: 1. Departments and entities
p.000112:
p.000112:
p.000112:
p.000112:
p.000112: II.
p.000112: Where and how can you have access to government information?
p.000112: The Law provides the criteria and procedures, which must be followed by the institutions of the Federal Public
p.000112: Administration in order to provide access to information. These government institutions, called departments
p.000112: and entities, include the Ministries of State and the government-owned companies such as PEMEX, IMSS and the IFAI
p.000112: itself.
p.000112: The Federal Public Administration has more than 250 departments and entities, which are obligated to comply with
p.000112: the procedures depicted in this Guide.
p.000112:
p.000112: 2. Liaison Units and Information Committees
p.000112:
p.000112: The ministries and public institutions have created Liaison Units and Information Committees. A Liaison
p.000112: Unit is responsible for:
p.000112: • Filing access of information requests;
p.000112: • Processing those requests, and
p.000112: • Providing assistance to all petitioners for the completion of their requests.
p.000112:
p.000112:
p.000112: Every Ministry and public institution has a Liaison Unit.
p.000112:
p.000112: The Liaison Units are windows or modules where you can file your request for access to information, access your
p.000112: personal data or access it in order to correct .
p.000112:
p.000113: 113
p.000113:
p.000113:
p.000113:
p.000113:
p.000113: Three members, including a public servant appointed by the principal of the department or entity, the Liaison
p.000113: Unit principal and the Internal Comptroller, integrate the Information Committee. These committees evaluate the
p.000113: classification criteria and reasoning to classify the information from the various offices in the departments and
p.000113: entities as public, privileged or confidential. The committee could decide to deny the disclosure of information
p.000113: or the proposed classification if it is not duly grounded, and can thus issue an order to disclose the
p.000113: information.
p.000113:
p.000113: 3. Procedures before departments and entities Liaison Units
p.000113: a) Access to public information requests
p.000113: In order to respond to your request, the departments or entities are under no obligation to create
p.000113: new information. Nevertheless, the Law provides they are obligated to provide public information already
p.000113: available in documents, and in their files. You can help expedite the process by describing the desired
p.000113: information as accurately as possible, and identifying the type of document that could contain such
p.000113: information.
p.000113: If you want to know how much money a Secretary of State spent in the office-related trips he/she made, then you
p.000113: must request the information about the amount of money such Secretary spent, for instance, in his/her trips during the
...
p.000114: “notification”. In exceptions, the Liaison Unit can extend that period, but only once and up to 20 workdays.
p.000114: b) Different ways to file your information request
p.000114: If the information exists and is public, the Liaison Unit must submit it to you within ten workdays after the
p.000114: notification date. Before its delivery, you must pay the applicable reproduction and shipping expenses, if any.
p.000114:
p.000114: You can file your information requests in three different ways: by mail, by Internet or directly in the corresponding
p.000114: Liaison Units. For this, you can check the addresss of the Liaison Units via Internet by logging in
p.000114: at: www.ifai.org.mx/textos/IFAI/quepuede/direc toriounidades/unidades.htm.
p.000114: Mail request
p.000114: You or your representative can file information requests by personal written document, or by the
p.000114: use of those forms approved by IFAI and then sending them by mail to the corresponding Liaison Unit. The request
p.000114: must state:
p.000114: • Your name and address;
p.000114: • The particulars of your representative, if applicable;
p.000114: • A clear and precise description of the documents you are requesting, as well as any other information to
p.000114: assist on its search; and
p.000114: • Optionally, the format with which you wish to receive the information, such as direct consultation, plain
p.000114: copies, certified copies or any other means.
p.000114:
p.000114:
p.000114:
p.000114:
p.000114: Who can file an information request?
p.000114: You or your representative
p.000114:
p.000114: If the information is available and public, the delivery time is due within 30 workdays (plus mail or courier
p.000114: delivery time) from the date of your request of access to information.
p.000114:
p.000114:
p.000115: 115
p.000115:
p.000115:
p.000115:
p.000115:
p.000115: You can learn about the procedure and status of your request from the personnel in the Liaison Units or in the web page
p.000115: www.ifai.org.mx. The Liaison Unit is obligated to provide you with a folio number, which will appear in your
p.000115: acknowledged request reciept, and by using this number, you can check the procedure and status of your
p.000115: request on the Internet (www.ifai.org.mx).
p.000115:
p.000115: Internet Request (SISI)
p.000115: IFAI has designed a mechanism called Information Request System (SISI, is its acronym in Spanish). You
p.000115: can use SISI to file your access of information request electronically to any department or entity. Once
p.000115: filed, with the user code and password of your choice, SISI will generate an acknowledgment reciept containing a folio
p.000115: number that you can use to access and learn about the procedure and status of your request in the same media and at all
p.000115: times.
p.000115: All federal departments and entities are obligated to use SISI. On the IFAI web page
p.000115: (www.ifai.org.mx) or on
p.000115: the web page of each department or entity, you will find a link to SISI, from which you shall be able to complete
p.000115: and send your access to information request.
p.000115: Some of the advantages of using SISI are:
p.000115: • You do not have to appear at a public office to file a request. Through SISI, you can do it from any computer with
p.000115: Internet access:
p.000115: • You reduce the response time for notification of information availability;
p.000115: • You can follow-up the procedure and status of your request at the web page www.ifai.org.mx. In order
p.000115: to do so, you must use the folio number that appears in the acknowledgment reciept the Liaison Unit handed to
p.000115: you personally;
p.000115: • You can receive the information you requested from the department or entity via SISI;
p.000115: • You can check the type of information the departments and entities have delivered to other petitioners;
p.000115: • If the department or entity requires more data to process your request, you do not need to neither go in person to
p.000115: any public office, nor spend money to send clarifications by ordinary mail;
p.000115: • You can get the payment receipt from Banco Bital for the reproduction and shipping costs (if you
p.000115: need plain copies, certified copies. 3.5 diskette, CD, etc). Once you have paid at any Banco Bital branch, you do not
p.000115: have to take any additional steps because Banco Bital will inform the department or entity, via SISI,
p.000115: that the payment was made, and as a result, the department or entity will send the information you
p.000115: requested, via registered mail.
p.000115:
p.000115: SISI is the electronic media system used to handle information requests.
p.000115:
p.000115:
p.000116: 116
p.000116:
p.000116:
p.000116:
p.000116: ACCESS GUIDE
p.000116:
p.000116:
p.000116:
p.000116: Filing a request at a public office
p.000116: You or your representative can file an access to information request by directly appearing before the corresponding
p.000116: Liaison Unit. Public servants are obligated to process your request and to advise you on the most convenient way to
p.000116: file your request, either via SISI or by means of a letter or form.
p.000116: If you choose electronic media (SISI), the Liaison Unit personnel must provide you with a computer with Internet
p.000116: access and advice, so you can complete the request yourself. Through SISI you can send an information request to any
p.000116: department or entity, regardless of the place from which you are doing it (for example, from the Secretary of Internal
p.000116: Affairs’ Liaison Unit, you can file a request to the Secretary of Economy or the Secretary of Communications
p.000116: and Transportation).
p.000116:
p.000116: c) Notification about the access of information request and, if applicable, payment for reproduction and shipping
p.000116: expenses
p.000116: • If the information is public and can be disclosed via Internet, the notice will tell you how to get it, in
p.000116: which case there shall be no charge;
p.000116: • If the information is public and can be reproduced in print or electronic media, the notification will
p.000116: inform you about the reproduction and shipping costs and on how you can get the corresponding bank payment
p.000116: receipt. With that receipt, you can go to any Banco Bital branch in the country and pay for the corresponding costs.
p.000116: Once you have paid, you don’t have to take any additional actions because Banco Bital will inform the department or
p.000116: entity, via SISI,
p.000116: that the payment was made, and the department or entity must send the information you requested, via
...
p.000117: direct reference, simple or certified copies, copies or any other media; and
p.000117: • Either you or your legal representative must show evidence of your legal standing at the time the data is
p.000117: delivered, in order to avoid other people to gain access to your personal data. Only the following documents
p.000117: are acceptable: valid passport, military service book, professional degree card, or voter registration ID.
p.000117: Within a period of ten days after you have filed your request, the Liaison Unit will send you a notice, via registered
p.000117: mail, stating if your data is available in that department. If you requested certified copies of your data and/or in
p.000117: written format to be sent to an address by registered mail with notification, then your data shall be delivered within
p.000117: the next ten workdays from the payment date of the reproduction and/or shipping expenses.
p.000117: If the data you requested is not available in the records of the department or entity where you requested it, then the
p.000117: Liaison Unit will advise you as to where you can find such information. You will receive this notification in
p.000117: written form via registered mail, five days after filing your application, with no charge whatsoever.
p.000117: If you made any mistake in your request or if the department needs you to provide further information to locate your
p.000117: data, you will receive a notification of this situation via registered mail with acknowledged reciept. You
p.000117: shall have one month to correct or expand your request. Otherwise, your request shall be disposed of.
p.000117:
p.000117: Either you or your legal representative can request access to information on your personal data
p.000117: directly from the corresponding department or entity.
p.000117: The department or entity will respond to your request personally or through the representative,
p.000117: by certified mail, courier or electronic means (www.ifai.org.mx).
p.000117:
p.000118: 118
p.000118:
p.000118:
p.000118:
p.000118: ACCESS GUIDE
p.000118:
p.000118:
p.000118:
p.000118: When the department from which you requested your personal information authorizes its delivery, you shall
p.000118: have three months from the date of the notification to cover the reproduction expenses and, if applicable, the
p.000118: shipping expenses of that information to the address you provided. After such term, the authorization will expire
p.000118: and you will have to file a new request.
p.000118: If you filed you request to access your person- al data via e-mail or Internet, all the notifications before the
p.000118: delivery of the data you requested shall be sent electronically. You must state the means by which you wish to receive
p.000118: your data no later than one month after you filed your request; otherwise, it will lose its effect and you will have to
p.000118: file a new request.
p.000118: If you decide to appear personally before the Liaison Unit, the personnel on duty shall be obligated to advise and help
p.000118: you to complete the access to personal data request and allow you to use the available computers. You can also
p.000118: complete your request by hand, and they will ask you to specify both the reproduction media and the delivery means of
p.000118: the data you requested.
...
p.000120:
p.000120: The rulings issued by the IFAI are definite and departments and entities are in the obligation of performing in
p.000120: compliance of such. Nevertheless, one year after the date of the ruling, you can request IFAI to review your
p.000120: case. If so, the Institute must rule on your petition within a maximum of sixty workdays.
p.000120:
p.000120: The Committee Plenum of the IFAI is integrated by five Commissioners and has operative,
p.000120: budgetary and decision-making autonomy.
p.000120:
p.000120: 2. Objection means before the Federal Judicial Power
p.000120:
p.000120: From time to time, the Plenum of IFAI will determine that the access to information denial was justified
p.000120: (legally grounded and motivated), so the original decision made by the department or entity shall be confirmed;
p.000120: nevertheless, the Law does not close every door to the petitioner.
p.000120: You can object rulings issued by IFAI before the Federal Judicial Power:
p.000120: • On your own;
p.000120: • Through an attorney, and
p.000120: • Through the Public Defenders Office, of the Federal Judicial Power.
p.000120:
p.000120:
p.000120: Your appeal will not be accepted if you file it more than fifteen workdays after the notification date.
p.000120:
p.000120: The rulings issued by the IFAI are definite and all departments and entities are in the obligation to comply with
p.000120: them.
p.000120:
p.000121: 121
p.000121:
p.000121:
p.000121:
p.000121: 1. Free of charge services
p.000121:
p.000121:
p.000121:
p.000121:
p.000121: IV.
p.000121: What is the cost of access to information, to personal data and its correction?
p.000121: Whenever the necessary means are available, departments and entities will provide, through the Internet and
p.000121: free of charge, the requested public information.
p.000121: The delivery of your personal information is free of charge if submitted in simple copies and if you choose to collect
p.000121: them personally at the Liaison Unit, or wherever you filed the initial request.
p.000121: No department or entity is entitled to charge for document search and / or revision time to respond to your information
p.000121: requests, access to personal data or its correction. Furthermore, they cannot charge for the time
p.000121: invested in the document reproduction process.
p.000121: You can use the computer terminals with access to Internet, free of charge, at the Social Affairs Center in IFAI
p.000121: (Av. México 151, Mexico City). Also, the Liaison Units must provide free use of computer terminals with access to
p.000121: Internet, to file your information requests and to access materials from the corresponding department or entity.
p.000121:
p.000121:
p.000121:
p.000121:
p.000121:
p.000121:
p.000121:
p.000121:
p.000121:
p.000121:
p.000122: 122
p.000122:
p.000122:
p.000122:
p.000122: ACCESS GUIDE
p.000122:
p.000122:
p.000122: 2. Services with cost
p.000122:
p.000122:
p.000122: Departments and entities can charge for the cost of those materials that are necessary to reproduce the requested
p.000122: information. They also charge for the shipping expenses. The fees vary according to the reproduction format
p.000122: –simple or certified copy, electronic means (diskette), optical means (CD-ROM), audio, visual or other- and the
p.000122: shipment costs
p.000122: –registered mail or courier.
p.000122: Whenever you request certified copies of your personal data or when such information is sent by certified mail,
p.000122: or both, the documents will not be delivered, until you have covered the applicable reproduction and / or delivery
p.000122: costs.
p.000122: The costs of the certified copies are those provided in the applicable law.
p.000122: When the requested information has commercial value, and its price authorized by law, departments or entities
p.000122: could charge you for that information. Such is the case, for instance, for publications issued by public
p.000122: departments such as the National Statistics, Geography and Information Institute (INEGI, is the acronym in Spanish)
p.000122: and the Public Treasury Technical Development Institute (INDETEC, in Spanish), from financial
p.000122: institutions such as the Foreign Trade Bank (BANCOMEXT, is its acronym in Spanish) and National Finance (NAFIN, is the
p.000122: acronym in Spanish), or from some of the universities and research centers, amongst others.
p.000122:
p.000122: Except for the certified copies, the reproduc- tion and correction of personal data shall be free of charge.
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122: After receiving a positive access to information notification, you have a term of three months to retrieve it, to start
p.000122: your consultation or to cover the reproduction and shipping costs.
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000123: 123
p.000123:
p.000123:
p.000123:
p.000123:
p.000123:
p.000123:
p.000123: V.
p.000123: How and where you can request information about the Legislative and Judicial Powers, autonomous entities and the state
p.000123: governments?
p.000123: The Law provides that the Legislative and Judicial powers, as well as any autonomous constitutional entities,
p.000123: such as IFE, Bank of Mexico and other public institutions with autonomy like UNAM, are obligated to establish
p.000123: their own criteria and procedures, so you can access their information. These criteria and procedures can differ,
p.000123: according to the institution.
p.000123: You can address these entities to make consultations on:
p.000123: • Their Liaison Units or equivalent;
p.000123: • Their information committees or equivalent;
p.000123: • Their access to information procedures, including their appeals;
p.000123: • Their processes to access and correct personal data, and
p.000123: • Their internal instances responsible for law enforcement and solutions to the appeals.
p.000123: Some state governments have recently passed their own access to public government information laws and some
p.000123: others are in process of adopting similar laws.
p.000123:
p.000123:
p.000123:
p.000123:
p.000123:
p.000123:
p.000124: 124
p.000124:
p.000124:
p.000124:
p.000124: ACCESS GUIDE
p.000124:
p.000124:
p.000124:
p.000124:
p.000124:
p.000124: VI.
p.000124: Where can I learn more about the access to infor- mation rights, personal data protection and IFAI?
p.000124:
p.000124: If you wish to learn more about access to information rights, personal data protection, access procedures or
p.000124: the IFAI´s activities, we
p.000124: recommend to go to:
p.000124: • Federal Law of Transparency and Access to Public Government Information, (LFTAIPG, is the acronym in Spanish);
p.000124: • The LFTAIPG regulations for the Federal Executive Power;
p.000124: • The LFTAIPG regulations for the Legislative and Judicial Powers and for the autonomous entities, and
p.000124: • State Laws of Access to Information.
p.000124: All this regulations are available at IFAI’s web page: www.ifai.org.mx.
p.000124:
p.000124:
p.000124:
p.000124:
p.000124:
p.000124:
p.000124:
p.000124:
p.000124:
p.000125: 125
p.000125:
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p.000126: 126
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p.000126:
p.000126:
p.000126: APPENDIX A
p.000126: Transparency Obligations
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
p.000126:
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p.000127: 127
p.000127:
p.000127:
p.000127:
p.000127: TRANSPARENCY
p.000127:
p.000127:
p.000127: Article 7 of the Federal Law of Transparency and Access to Public Government Information states that all
p.000127: public institutions must disclose the following information to society:
p.000127:
p.000127: I II III IV V
p.000127: VI VII VIII
p.000127:
p.000127: Organizational chart;
p.000127:
p.000127: Faculties of each administrative unit;
p.000127:
p.000127: Directory of its public servants, from the Department Principals or equivalent;
p.000127:
p.000127: Monthly salary per position, including the bonus system, as established in the corresponding provisions;
p.000127:
...
Social / Age
Searching for indicator age:
(return to top)
p.000031: decide, and once that period has expired and no resolution has been issued, it shall be deemed as if there
p.000031: were no objection to the appointment made by the Federal Executive.
p.000031:
p.000031: The commissioners should only be removed from their position if they have severely breached the provisions
p.000031: contained in the Constitution and in this Law, if they have carried out actions or omissions that have an
p.000031: impact in the Institute, or if they have been sentenced for a severe crime that deserves corporal punishment.
p.000031: They shall remain in that position for a period of seven years, they may not be reelected, and while in office, they
p.000031: may not hold another job, position or commission, except in educational, scientific or charitable institutions.
p.000031: The resolutions issued by the Institute, shall not be subordinated to any authority and it shall make its own
p.000031: decisions with full independence and shall have the human and material resources needed for the
p.000031: performance of its duties.
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000033: 33
p.000033:
p.000033:
p.000033:
p.000033:
p.000033: Article 35
p.000033:
p.000033: In order to be a commissioner it is necessary to:
p.000033: I. Be a Mexican citizen;
p.000033: II. Have never been sentenced for the perpetration of a fraudulent crime;
p.000033: III. Be at least thirty five years of age at the time of the appointment;
p.000033: IV. Have performed outstandingly in professional, public or academic activities related to the subject matter
p.000033: of this Law; and
p.000033: V. Have not been secretary of state, head of an administrative department, attorney general, senator, federal or
p.000033: local deputy, head of a political party or association, governor of any state, head of government of the Federal
p.000033: District, within a period of one year before the appointment.
p.000033:
p.000033:
p.000033: Article 36
p.000033:
p.000033: The Institute shall be chaired by a Commissioner, who shall be the legal representative of the
p.000033: same. He or she shall remain in said position for a period of two years, and can be reelected once and shall be elected
p.000033: by the rest of the commissioners.
p.000033: Article 37
p.000033: The Institute shall have the following powers:
p.000033: I. To interpret this Law, from the administrative point of view, based upon Article 6;
p.000033: II. To know and decide on the appeals filed by the petitioners;
p.000033: III. To establish and review the classification, declassification and custody criteria to be used for privileged
p.000033: and confidential information;
p.000033: IV. To help the National General Archives in the creation and use of the criteria for cataloguing and
p.000033: conservation of documents, as well as in organizing the archives of the departments and entities;
p.000033: V. To supervise, and in case of non fulfill- ment, make recommendations to the departments or entities so
p.000033: that the provisions of Article 7 are fulfilled;
...
Social / Ethnicity
Searching for indicator ethnic:
(return to top)
p.000010: PUBLIC GOVERNMENT INFORMATION
p.000010: Published in the Federal Official Newspaper on June 11, 2002
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000011: 11
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011: COMMON PROVISIONS FOR COMPELLED BODIES
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011: Chapter
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011: General Provisions
p.000011:
p.000011:
p.000011:
p.000011: FEDERAL LAW
p.000011:
p.000011:
p.000011:
p.000011: Article 1
p.000011:
p.000011: This law is mandatory for the government. Its purpose is to provide whatever is necessary in order to guarantee access,
p.000011: by any individual, to the information in the hands of any of the Powers of the Republic, any of the
p.000011: autonomous bodies and any other federal entity.
p.000011:
p.000011:
p.000011: Article 2
p.000011:
p.000011: All government information referred to this Law is deemed public and all individuals shall have access to said
p.000011: information based upon the provisions set forth in this Law.
p.000011: Article 3
p.000011:
p.000011: For the purposes of this Law, the following concepts shall mean:
p.000011: I. Committees: All information committees for each one of the departments and entities mentioned in Article
p.000011: 29 of this Law or the principals of those mentioned in Article 31;
p.000011: II. Personal Information or Data: All information concerning an individual, iden- tified or identifiable,
p.000011: including their ethnic or racial origin, or related to their physical, moral or emotional characteristics, their
p.000011: personal and family life, residence, telephone number, patrimony, ideology, political opinions, religious or
p.000011: philosophical beliefs or convictions, physical or mental health, sexual preferences, or any other similar
p.000011: preferences that could have an impact on their intimacy;
p.000011:
p.000011: III. Documents: All files, reports, tests, certificates, resolutions, official letters, correspondence,
p.000011: agreements, policies, guidelines, memos, contracts, covenants, orders, notes, memoranda, statistics or any other
p.000011: registry or record that documents the exercise of the abilities or activities of the compelled agencies and
p.000011: public servants, regardless of the source or the issuance date. Documents may be found in any means such as written,
p.000011: printed, oral, visual, electronic, informative, or holographic;
p.000011:
p.000011: IV. Departments and Entities: Those mentioned in the Organic Law of Federal Public Administration,
p.000011: including the Presidency of the Republic, decentralized
p.000011:
p.000013: 13
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013: bodies and the Attorney General’s Office of the Republic;
p.000013: V. Information: That contained in the documents created, obtained, acquired, transformed or kept by
p.000013: the compelled bodies for any title;
p.000013: VI. Privileged Information: Any information temporarily subjected to any of the exceptions provided in Articles
...
Social / Incarcerated
Searching for indicator restricted:
(return to top)
p.000109: to review and correct your personal data. The Guide also tells you how to file an appeal from IFAI, when any
p.000109: organization of the Federal Public Administration denies access to information or when you are not happy
p.000109: with the response to your request.
p.000109:
p.000109:
p.000109:
p.000109:
p.000109:
p.000109:
p.000109:
p.000109:
p.000109:
p.000109:
p.000109:
p.000109:
p.000109:
p.000110: 110
p.000110:
p.000110:
p.000110:
p.000110: ACCESS GUIDE
p.000110:
p.000110:
p.000110: 1. Public information
p.000110:
p.000110:
p.000110:
p.000110:
p.000110: I.
p.000110: What type of information does the Federal Executive Power have?
p.000110: The information held by the government is public and must be available to any person. The law mandates all
p.000110: government departments and entities to disclose certain information via Internet and to have it available to the
p.000110: public, without the need of a request. This information includes the organization chart of the
p.000110: entity or department, its faculties and the salaries of all the officials, the contracts those departments and
p.000110: entities sign with vendors, suppliers, and contractors and how they use their budgets, as well as subsidies,
p.000110: licenses, permits and authorizations these entities or departments grant, amongst other aspects of the public
p.000110: administration.
p.000110:
p.000110: Only in exceptional cases can the access to government information be restricted. That is the case of privileged
p.000110: and confidential information. The next item briefly shows the exceptions.
p.000110:
p.000110:
p.000110:
p.000110:
p.000110:
p.000110:
p.000110: Any school evaluation must be public.
p.000110:
p.000111: 111
p.000111:
p.000111:
p.000111:
p.000111: 2. Privileged and confidential information
p.000111:
p.000111:
p.000111: Any information is considered as privileged or confidential when its disclosure could endanger the national security,
p.000111: damage the relationships with other countries, destabilize the national economy, endanger the life, safety or health
p.000111: of any person or prevent the enforcement of the law, among other assumptions (for example, the police forces of all
p.000111: over the world withhold some information about public security to better serve their societies). In Mexico,
p.000111: information can remain as privileged or confidential for a maximum period of 12 years, but it can become public
p.000111: before such term if the reasons for its classificacion disappear. In order to deny access to privileged or
p.000111: confidential information, the departments and entities must legally justify such classificacion and must provide
p.000111: evidence that its disclosure could fall in some of the exceptions set forth by the Law.
p.000111:
p.000111: No authority can categorize as privileged or confidential any information related to grave violations of basic
p.000111: human rights, related to crimes against humanity, such as torture, or the “forced disappearance of people”.
p.000111: The law also protects privacy rights. Confidential information means personal data, such as address, telephone
...
Social / Literacy
Searching for indicator illiterate:
(return to top)
p.000035:
p.000035:
p.000035:
p.000035: FEDERAL LAW
p.000035:
p.000035:
p.000035:
p.000035: Article 40
p.000035:
p.000035: Any person, or his/her representative may file, before the Liaison Unit, a request for access to information by means
p.000035: of a personal written document or by means of the forms that have been approved by the Institute. Said request shall
p.000035: include:
p.000035: I. Petitioner’s name and domicile or address where the petitioner may be notified, such as e-mail; and the
p.000035: personal data of the petitioner’s representative, if applicable;
p.000035: II. Clear and precise description of the documents being requested;
p.000035: III. Any other piece of information that could facilitate its location; and
p.000035: IV. The way in which the access to the information should be given is optional: this can be done verbally as
p.000035: long as it is only for consultation purposes or direct consultation, or simple or certified copies or a different
p.000035: type of means.
p.000035: If the information supplied by the petitioner is not enough to locate the documents or if such information is
p.000035: incorrect, the Liaison Unit may, only once and within a ten day period after the presentation of the request, ask the
p.000035: petitioner to give more information or to correct the original information. This prerequisite shall interrupt
p.000035: the term mentioned in Article 44.
p.000035: The Liaison Unit will help the petitioners in completing requests for access to information, especially
p.000035: in cases in which the petitioner is illiterate. In the case that the requested information does not belong to
p.000035: the department or entity to which it was
p.000035:
p.000035:
p.000035: requested, the Liaison Unit shall duly advise the petitioner as to which department or entity is the correct one.
p.000035: If the request has been filed before an administrative unit other than the Liaison Unit, the administrative
p.000035: unit shall advise the petitioner of the physical address of the corresponding Liaison Unit.
p.000035: Under no circumstance, can the information delivery be conditioned on the statement of the reason for requesting it and
p.000035: neither shall it be necessary to prove the reason for interest in the information.
p.000035:
p.000035: Article 41
p.000035:
p.000035: The Liaison Unit shall be the bridge between the department or entity and the petitioner, since it is the body
p.000035: responsible for carrying out the notifications mentioned in this Law. Furthermore, it shall perform all
p.000035: necessary procedures in the department or entity in order to facilitater the access to information.
p.000035:
p.000035: Article 42
p.000035:
p.000035: The departments and entities shall only be obliged to deliver those documents that they have in their files. The
p.000035: obligation of granting access to information shall be deemed covered when the documents requested have been made
p.000035: available to the petitioner; or, by the issuance of simple or certified copies or any other means.
p.000035:
p.000037: 37
p.000037:
p.000037:
p.000037:
p.000037:
p.000037:
p.000037:
...
Social / Occupation
Searching for indicator job:
(return to top)
p.000031: Administration. It has operative, budget and decision making autonomy, and it is the body in charge of promoting
p.000031: and disseminate the use of the right of access to information; deciding if a request of access to information is
p.000031: accepted or denied; and, protecting all personal data under the custody of the departments and entities.
p.000031: Article 34
p.000031:
p.000031: The Institute is formed by four commissioners, who shall be appointed by the Federal Executive. The Chamber of
p.000031: Senators may object to said appointments by a majority of votes, and, when the chamber is in recess, the Permanent
p.000031: Commission shall have the same voting right. In any case, the legislative office in question shall have thirty days to
p.000031: decide, and once that period has expired and no resolution has been issued, it shall be deemed as if there
p.000031: were no objection to the appointment made by the Federal Executive.
p.000031:
p.000031: The commissioners should only be removed from their position if they have severely breached the provisions
p.000031: contained in the Constitution and in this Law, if they have carried out actions or omissions that have an
p.000031: impact in the Institute, or if they have been sentenced for a severe crime that deserves corporal punishment.
p.000031: They shall remain in that position for a period of seven years, they may not be reelected, and while in office, they
p.000031: may not hold another job, position or commission, except in educational, scientific or charitable institutions.
p.000031: The resolutions issued by the Institute, shall not be subordinated to any authority and it shall make its own
p.000031: decisions with full independence and shall have the human and material resources needed for the
p.000031: performance of its duties.
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000033: 33
p.000033:
p.000033:
p.000033:
p.000033:
p.000033: Article 35
p.000033:
p.000033: In order to be a commissioner it is necessary to:
p.000033: I. Be a Mexican citizen;
p.000033: II. Have never been sentenced for the perpetration of a fraudulent crime;
p.000033: III. Be at least thirty five years of age at the time of the appointment;
p.000033: IV. Have performed outstandingly in professional, public or academic activities related to the subject matter
p.000033: of this Law; and
p.000033: V. Have not been secretary of state, head of an administrative department, attorney general, senator, federal or
p.000033: local deputy, head of a political party or association, governor of any state, head of government of the Federal
p.000033: District, within a period of one year before the appointment.
p.000033:
p.000033:
p.000033: Article 36
p.000033:
p.000033: The Institute shall be chaired by a Commissioner, who shall be the legal representative of the
p.000033: same. He or she shall remain in said position for a period of two years, and can be reelected once and shall be elected
...
p.000044: IV. The classification and maintenance criteria and procedures for privileged or confidential information;
p.000044: V. The procedure for access to the information, including appeals, pursuant Article 49 and 50, and one of
p.000044: reconsideration under the terms of Article 60;
p.000044: VI. The procedures for access and correction of the personal data referred to in Article 24 and 25; and
p.000044:
p.000046: 46
p.000046:
p.000046:
p.000046: VII.An internal unit responsible for enforcing the Law, for resolvings appeals and other powers granted by this
p.000046: ordinance.
p.000046:
p.000046:
p.000046: Article 62
p.000046:
p.000046: The compelled bodies referred to in the previous Article shall render a yearly public report on those activities
p.000046: carried out to guarantee the access to information, following the guidelines set forth in Article 39, of which a
p.000046: copy is to be sent to the Institute.
p.000046:
p.000046:
p.000046:
p.000046:
p.000046:
p.000046:
p.000046:
p.000046:
p.000046: RESPONSIBILITIES AND SANCTIONS
p.000046:
p.000046:
p.000046:
p.000046: Chapter One
p.000046:
p.000046:
p.000046:
p.000046:
p.000046: Article 63
p.000046:
p.000046: The following shall be causes of administrative misconduct of public servants, due to non fulfillment of
p.000046: the obligations set forth in this Law:
p.000046: I. To use, remove, destroy, hide, disable, divulge, or alter, totally or partially, and in an undue manner,
p.000046: information which is under their custody, and to which they have access or knowledge due to their job, position
p.000046: or commission;
p.000046: II. To act with negligence, deceit or bad faith in the substantiation of the requests for access to information or
p.000046: propagation of information to which they are obliged according to this Law;
p.000046: III. To intentionally deny non-privileged or non-confidential information as if it were privileged or confidential,
p.000046: according to the Law;
p.000046: IV. To deceitfully classified as privileged, any information that does not fulfill the characteristics described
p.000046: in this Law. The sanction will only be procedural when there is a previous resolution by the Committee,
p.000046: the Institute, or equivalent instance, regarding the classification criteria of this type of information as
p.000046: set forth in Article 61;
p.000046: V. To deliver information considered as privileged or confidential in compliance with the provisions of this
p.000046: Law;
p.000046: VI. To intentionally deliver the information described in a request for access in an incomplete manner; and
p.000046:
p.000048: 48
p.000048:
p.000048:
p.000048: VII.To fail to provide the information when its disclosure has been ordered by the bodies referred to in previous
p.000048: Paragraph VI of this Article or by the Judicial Power of the Federation.
p.000048: The misconduct referred to in this Article or in any other, derived from the non compliance of the obligations set
p.000048: forth in this Law, shall be sanctioned under the terms of the Federal Law of Administrative Responsibilities
p.000048: of Public Servants.
...
Social / Police Officer
Searching for indicator police:
(return to top)
p.000030:
p.000030: FEDERAL LAW
p.000030:
p.000030:
p.000030:
p.000030:
p.000030:
p.000030: VII. Create and send to the Institute, based upon the guidelines of the same, all necessary data for the
p.000030: creation of an annual report, as mentioned in Article 39.
p.000030:
p.000030:
p.000030: Article 30
p.000030:
p.000030: Each committee shall be formed by:
p.000030: I. One public servant appointed by the principal of the department or entity;
p.000030: II. The principal of the Liaison Unit; and
p.000030: III. The principal of the internal control body of each department or entity.
p.000030: The committee shall make their decision by majority of votes.
p.000030: Article 32
p.000030:
p.000030: The National General Archive shall be responsible for the creation, in coordination with the Institute,
p.000030: of the criteria to be used to catalogue, characterize and handle administrative documents, as well as for
p.000030: the organization of the archives of the departments or entities. Said criteria shall take into account
p.000030: international standards and best practices that already exist on that matter.
p.000030: The principals of the departments and entities, based upon applicable provisions, shall make sure that the
p.000030: archives are functioning accordingly. Furthermore, they shall create and make available to the public a simple
p.000030: guide about their cataloguing and classification systems, as well as the organization of the archive.
p.000030:
p.000030:
p.000030: Article 31
p.000030:
p.000030: The Center of Investigation and National Security; the Drug Control Planning Center; the Intelligence
p.000030: Coordination Direction of the Preventive Federal Police; the Unit against Organized Crime; Presidential Secret
p.000030: Service; the Secret Service of the Army; the Secret Service of the Navy; or the administrative units in lieu of the
p.000030: above, shall not be subjected to the authority of the Committees mentioned in Article 29, and their
p.000030: functions are the sole responsibility of the principal of each administrative unit.
p.000030:
p.000031: 31
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031: Chapter
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031: Federal Institute of Access to Public Information (IFAI)
p.000031:
p.000031:
p.000031:
p.000031: FEDERAL LAW
p.000031:
p.000031:
p.000031:
p.000031: Article 33
p.000031:
p.000031: The Federal Institute of Access to Public Information is a body that belongs to the Federal Public
p.000031: Administration. It has operative, budget and decision making autonomy, and it is the body in charge of promoting
p.000031: and disseminate the use of the right of access to information; deciding if a request of access to information is
p.000031: accepted or denied; and, protecting all personal data under the custody of the departments and entities.
p.000031: Article 34
p.000031:
...
p.000110:
p.000110:
p.000110:
p.000110:
p.000110: I.
p.000110: What type of information does the Federal Executive Power have?
p.000110: The information held by the government is public and must be available to any person. The law mandates all
p.000110: government departments and entities to disclose certain information via Internet and to have it available to the
p.000110: public, without the need of a request. This information includes the organization chart of the
p.000110: entity or department, its faculties and the salaries of all the officials, the contracts those departments and
p.000110: entities sign with vendors, suppliers, and contractors and how they use their budgets, as well as subsidies,
p.000110: licenses, permits and authorizations these entities or departments grant, amongst other aspects of the public
p.000110: administration.
p.000110:
p.000110: Only in exceptional cases can the access to government information be restricted. That is the case of privileged
p.000110: and confidential information. The next item briefly shows the exceptions.
p.000110:
p.000110:
p.000110:
p.000110:
p.000110:
p.000110:
p.000110: Any school evaluation must be public.
p.000110:
p.000111: 111
p.000111:
p.000111:
p.000111:
p.000111: 2. Privileged and confidential information
p.000111:
p.000111:
p.000111: Any information is considered as privileged or confidential when its disclosure could endanger the national security,
p.000111: damage the relationships with other countries, destabilize the national economy, endanger the life, safety or health
p.000111: of any person or prevent the enforcement of the law, among other assumptions (for example, the police forces of all
p.000111: over the world withhold some information about public security to better serve their societies). In Mexico,
p.000111: information can remain as privileged or confidential for a maximum period of 12 years, but it can become public
p.000111: before such term if the reasons for its classificacion disappear. In order to deny access to privileged or
p.000111: confidential information, the departments and entities must legally justify such classificacion and must provide
p.000111: evidence that its disclosure could fall in some of the exceptions set forth by the Law.
p.000111:
p.000111: No authority can categorize as privileged or confidential any information related to grave violations of basic
p.000111: human rights, related to crimes against humanity, such as torture, or the “forced disappearance of people”.
p.000111: The law also protects privacy rights. Confidential information means personal data, such as address, telephone
p.000111: number, patrimony, religious or political beliefs, and health status, among other private information that individuals
p.000111: pro- vide to the government. In order to disclose it, the holder of such information must submitÇconsent to
p.000111: do so; otherwise there is no reason for it to become public. Confidential information is also that expressly
p.000111: categorized as such by any individual and provided to governmental departments and entities.
p.000111: The government can deny access both to privileged and confidential information. Nevertheless, petitioners,
...
Social / Property Ownership
Searching for indicator home:
(return to top)
p.000119: • When you are not happy with the term, the shipping cost;
p.000119: • When you consider that the delivered information is incomplete or does not correspond to the requested
p.000119: one;
p.000119: IFAI also has the necessary authority as to revoke, modify or confirm the decision made by a department or entity
p.000119: regarding your request to access your personal data or its correction. You can file an appeal at the IFAI or the Link
p.000119: Unit in which you filed your request, personally or by means of your legal representative, at the
p.000119: department or entity:
p.000119:
p.000119:
p.000119: The appeal is the legal instrument you can use when a department or entity denies access to
p.000119: information or your personal data. You must file the recourse at the IFAI.
p.000119:
p.000119:
p.000120: 120
p.000120:
p.000120:
p.000120:
p.000120: ACCESS GUIDE
p.000120:
p.000120:
p.000120:
p.000120: • Does not deliver your personal data;
p.000120: • When the data is delivered in an incomprehensible format;
p.000120: • When the department or entity refuses to correct or modify your personal data.
p.000120: You must file an appeal within fifteen workdays after the notification date. If you file it at the Liaison Unit, such
p.000120: entity must submit it to the IFAI by means of SISI no later than one day after its reception. If you have Internet
p.000120: access, either at your home, a public place or any other place, the simplest thing to do is to file the appeal through
p.000120: SISI, at IFAI’s web page (www.ifai.org.mx)
p.000120: The IFAI has fifty workdays to issue a ruling, and does it in two steps. During the first thirty workdays, IFAI
p.000120: reviews your case, prepares a file and a ruling file. Then, the IFAI Commissioners must rule on your case within the
p.000120: next twenty workdays (unless they request to extend the term for another twenty workdays). The committee
p.000120: plenum, with its five Commissioners, has powers to revoke or modify the denials of access to information,
p.000120: and to personal data or its correction. The plenary committee can also discard any appeal if it is considered
p.000120: opposed to law or, if such is the case, confirm the decision of the federal department.
p.000120:
p.000120: The rulings issued by the IFAI are definite and departments and entities are in the obligation of performing in
p.000120: compliance of such. Nevertheless, one year after the date of the ruling, you can request IFAI to review your
p.000120: case. If so, the Institute must rule on your petition within a maximum of sixty workdays.
p.000120:
p.000120: The Committee Plenum of the IFAI is integrated by five Commissioners and has operative,
p.000120: budgetary and decision-making autonomy.
p.000120:
p.000120: 2. Objection means before the Federal Judicial Power
p.000120:
p.000120: From time to time, the Plenum of IFAI will determine that the access to information denial was justified
p.000120: (legally grounded and motivated), so the original decision made by the department or entity shall be confirmed;
...
Searching for indicator property:
(return to top)
p.000076: requested information.
p.000076:
p.000076:
p.000076: Article 50
p.000076:
p.000076: In the case that the departments and entities have an electronic version of the requested information, they can
p.000076: deliver it to the petitioner free of charge or make it available through an Internet Web Site, informing the
p.000076: petitioner of the necessary data to access such information.
p.000076: Article 51
p.000076:
p.000076: The departments and entities shall reproduce the requested information by simple or certified copies, magnetic,
p.000076: optic, sound, visual, holographic or other media. In these cases, the petitioners shall be charged for rights, use or
p.000076: products, as applicable, and the corresponding payment must be made before reproducing the information.
p.000076: Except for the case of certified copies, those costs mentioned in the previous paragraph cannot be higher than
p.000076: that of the materials used to reproduce the information. Such costs must be published on the Internet Web Sites of the
p.000076: departments and entities.
p.000076: The costs for certified copies shall be determined according to the applicable legislation and, in the
p.000076: case of entities, the cost shall not be higher than those set for departments.
p.000076:
p.000076:
p.000076: Article 52
p.000076:
p.000076: Those departments and entities that provide information services with commercial value may charge for these services,
p.000076: in terms of the applicable juridical regulations.
p.000076: For the consultation, procurement or reproduction by the departments and entities databases, with no privileged
p.000076: or confidential information, their commercial value shall be considered and property of the corresponding legal rights
p.000076: shall be respected.
p.000076:
p.000076:
p.000078: 78
p.000078:
p.000078:
p.000078:
p.000078: REGULATIONS
p.000078:
p.000078:
p.000078:
p.000078: Article 53
p.000078:
p.000078: Except for certified copies and the provisions in the second paragraph of Article 24 of the Law, the reproduction
p.000078: of the information resulting from the reply to a request for access to personal data or their correction,
p.000078: shall be free of charge.
p.000078:
p.000078:
p.000078: Article 54
p.000078:
p.000078: Provided there is no justified obstacle to doing so, the departments and entities must address the petitioner’s
p.000078: requests regarding the delivery means of the requested information, which can be done by certified mail or
p.000078: courier with acknowledged receipt, provided the petitioners have covered the cor- responding service cost.
p.000078:
p.000078:
p.000078: Article 55
p.000078:
p.000078: The Institute and the Ministries of Treasure and Public Function will coordinate with each other to establish and
p.000078: continuously improve assistance to facilitate the delivery of information, reduce its costs and facilitate
p.000078: its payment, preventing the physical transportation of petitioners to the departments and
p.000078: entities, their facilities, representations and delegations.
p.000078: The Institute shall be a collaborator with the Federal Treasury for the collection of the information
p.000078: reproduction and delivery costs as set forth in the Law and this Regulation.
p.000078:
p.000079: 79
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
...
Social / Racial Minority
Searching for indicator racial:
(return to top)
p.000010: Published in the Federal Official Newspaper on June 11, 2002
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000011: 11
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011: COMMON PROVISIONS FOR COMPELLED BODIES
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011: Chapter
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011: General Provisions
p.000011:
p.000011:
p.000011:
p.000011: FEDERAL LAW
p.000011:
p.000011:
p.000011:
p.000011: Article 1
p.000011:
p.000011: This law is mandatory for the government. Its purpose is to provide whatever is necessary in order to guarantee access,
p.000011: by any individual, to the information in the hands of any of the Powers of the Republic, any of the
p.000011: autonomous bodies and any other federal entity.
p.000011:
p.000011:
p.000011: Article 2
p.000011:
p.000011: All government information referred to this Law is deemed public and all individuals shall have access to said
p.000011: information based upon the provisions set forth in this Law.
p.000011: Article 3
p.000011:
p.000011: For the purposes of this Law, the following concepts shall mean:
p.000011: I. Committees: All information committees for each one of the departments and entities mentioned in Article
p.000011: 29 of this Law or the principals of those mentioned in Article 31;
p.000011: II. Personal Information or Data: All information concerning an individual, iden- tified or identifiable,
p.000011: including their ethnic or racial origin, or related to their physical, moral or emotional characteristics, their
p.000011: personal and family life, residence, telephone number, patrimony, ideology, political opinions, religious or
p.000011: philosophical beliefs or convictions, physical or mental health, sexual preferences, or any other similar
p.000011: preferences that could have an impact on their intimacy;
p.000011:
p.000011: III. Documents: All files, reports, tests, certificates, resolutions, official letters, correspondence,
p.000011: agreements, policies, guidelines, memos, contracts, covenants, orders, notes, memoranda, statistics or any other
p.000011: registry or record that documents the exercise of the abilities or activities of the compelled agencies and
p.000011: public servants, regardless of the source or the issuance date. Documents may be found in any means such as written,
p.000011: printed, oral, visual, electronic, informative, or holographic;
p.000011:
p.000011: IV. Departments and Entities: Those mentioned in the Organic Law of Federal Public Administration,
p.000011: including the Presidency of the Republic, decentralized
p.000011:
p.000013: 13
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013: bodies and the Attorney General’s Office of the Republic;
p.000013: V. Information: That contained in the documents created, obtained, acquired, transformed or kept by
p.000013: the compelled bodies for any title;
p.000013: VI. Privileged Information: Any information temporarily subjected to any of the exceptions provided in Articles
p.000013: 13 and 14 of this Law;
...
Social / Religion
Searching for indicator faith:
(return to top)
p.000044: reconsideration under the terms of Article 60;
p.000044: VI. The procedures for access and correction of the personal data referred to in Article 24 and 25; and
p.000044:
p.000046: 46
p.000046:
p.000046:
p.000046: VII.An internal unit responsible for enforcing the Law, for resolvings appeals and other powers granted by this
p.000046: ordinance.
p.000046:
p.000046:
p.000046: Article 62
p.000046:
p.000046: The compelled bodies referred to in the previous Article shall render a yearly public report on those activities
p.000046: carried out to guarantee the access to information, following the guidelines set forth in Article 39, of which a
p.000046: copy is to be sent to the Institute.
p.000046:
p.000046:
p.000046:
p.000046:
p.000046:
p.000046:
p.000046:
p.000046:
p.000046: RESPONSIBILITIES AND SANCTIONS
p.000046:
p.000046:
p.000046:
p.000046: Chapter One
p.000046:
p.000046:
p.000046:
p.000046:
p.000046: Article 63
p.000046:
p.000046: The following shall be causes of administrative misconduct of public servants, due to non fulfillment of
p.000046: the obligations set forth in this Law:
p.000046: I. To use, remove, destroy, hide, disable, divulge, or alter, totally or partially, and in an undue manner,
p.000046: information which is under their custody, and to which they have access or knowledge due to their job, position
p.000046: or commission;
p.000046: II. To act with negligence, deceit or bad faith in the substantiation of the requests for access to information or
p.000046: propagation of information to which they are obliged according to this Law;
p.000046: III. To intentionally deny non-privileged or non-confidential information as if it were privileged or confidential,
p.000046: according to the Law;
p.000046: IV. To deceitfully classified as privileged, any information that does not fulfill the characteristics described
p.000046: in this Law. The sanction will only be procedural when there is a previous resolution by the Committee,
p.000046: the Institute, or equivalent instance, regarding the classification criteria of this type of information as
p.000046: set forth in Article 61;
p.000046: V. To deliver information considered as privileged or confidential in compliance with the provisions of this
p.000046: Law;
p.000046: VI. To intentionally deliver the information described in a request for access in an incomplete manner; and
p.000046:
p.000048: 48
p.000048:
p.000048:
p.000048: VII.To fail to provide the information when its disclosure has been ordered by the bodies referred to in previous
p.000048: Paragraph VI of this Article or by the Judicial Power of the Federation.
p.000048: The misconduct referred to in this Article or in any other, derived from the non compliance of the obligations set
p.000048: forth in this Law, shall be sanctioned under the terms of the Federal Law of Administrative Responsibilities
p.000048: of Public Servants.
p.000048: The violation stated in Paragraph VII or recurrence of the conduct mentioned in Paragraphs I to VI of
p.000048: this Article, shall be considered severe for effects of its administrative sanction.
p.000048:
p.000048: Article 64
...
Searching for indicator religious:
(return to top)
p.000011:
p.000011:
p.000011:
p.000011: Chapter
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011: General Provisions
p.000011:
p.000011:
p.000011:
p.000011: FEDERAL LAW
p.000011:
p.000011:
p.000011:
p.000011: Article 1
p.000011:
p.000011: This law is mandatory for the government. Its purpose is to provide whatever is necessary in order to guarantee access,
p.000011: by any individual, to the information in the hands of any of the Powers of the Republic, any of the
p.000011: autonomous bodies and any other federal entity.
p.000011:
p.000011:
p.000011: Article 2
p.000011:
p.000011: All government information referred to this Law is deemed public and all individuals shall have access to said
p.000011: information based upon the provisions set forth in this Law.
p.000011: Article 3
p.000011:
p.000011: For the purposes of this Law, the following concepts shall mean:
p.000011: I. Committees: All information committees for each one of the departments and entities mentioned in Article
p.000011: 29 of this Law or the principals of those mentioned in Article 31;
p.000011: II. Personal Information or Data: All information concerning an individual, iden- tified or identifiable,
p.000011: including their ethnic or racial origin, or related to their physical, moral or emotional characteristics, their
p.000011: personal and family life, residence, telephone number, patrimony, ideology, political opinions, religious or
p.000011: philosophical beliefs or convictions, physical or mental health, sexual preferences, or any other similar
p.000011: preferences that could have an impact on their intimacy;
p.000011:
p.000011: III. Documents: All files, reports, tests, certificates, resolutions, official letters, correspondence,
p.000011: agreements, policies, guidelines, memos, contracts, covenants, orders, notes, memoranda, statistics or any other
p.000011: registry or record that documents the exercise of the abilities or activities of the compelled agencies and
p.000011: public servants, regardless of the source or the issuance date. Documents may be found in any means such as written,
p.000011: printed, oral, visual, electronic, informative, or holographic;
p.000011:
p.000011: IV. Departments and Entities: Those mentioned in the Organic Law of Federal Public Administration,
p.000011: including the Presidency of the Republic, decentralized
p.000011:
p.000013: 13
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013: bodies and the Attorney General’s Office of the Republic;
p.000013: V. Information: That contained in the documents created, obtained, acquired, transformed or kept by
p.000013: the compelled bodies for any title;
p.000013: VI. Privileged Information: Any information temporarily subjected to any of the exceptions provided in Articles
p.000013: 13 and 14 of this Law;
p.000013: VII. Institute: The Federal Institute of Access to Information created in Article 33 of this Law;
p.000013: VIII.Law: The Federal Law of Transparency and Access to Public Government Information;
...
p.000110:
p.000110:
p.000110:
p.000110:
p.000110:
p.000110:
p.000110: Any school evaluation must be public.
p.000110:
p.000111: 111
p.000111:
p.000111:
p.000111:
p.000111: 2. Privileged and confidential information
p.000111:
p.000111:
p.000111: Any information is considered as privileged or confidential when its disclosure could endanger the national security,
p.000111: damage the relationships with other countries, destabilize the national economy, endanger the life, safety or health
p.000111: of any person or prevent the enforcement of the law, among other assumptions (for example, the police forces of all
p.000111: over the world withhold some information about public security to better serve their societies). In Mexico,
p.000111: information can remain as privileged or confidential for a maximum period of 12 years, but it can become public
p.000111: before such term if the reasons for its classificacion disappear. In order to deny access to privileged or
p.000111: confidential information, the departments and entities must legally justify such classificacion and must provide
p.000111: evidence that its disclosure could fall in some of the exceptions set forth by the Law.
p.000111:
p.000111: No authority can categorize as privileged or confidential any information related to grave violations of basic
p.000111: human rights, related to crimes against humanity, such as torture, or the “forced disappearance of people”.
p.000111: The law also protects privacy rights. Confidential information means personal data, such as address, telephone
p.000111: number, patrimony, religious or political beliefs, and health status, among other private information that individuals
p.000111: pro- vide to the government. In order to disclose it, the holder of such information must submitÇconsent to
p.000111: do so; otherwise there is no reason for it to become public. Confidential information is also that expressly
p.000111: categorized as such by any individual and provided to governmental departments and entities.
p.000111: The government can deny access both to privileged and confidential information. Nevertheless, petitioners,
p.000111: like yourself, can always call on IFAI for review, if the denial is not justified. It is the duty of IFAI to
p.000111: ensure for applicants, that such denial to access public information is properly grounded and motivated, so that
p.000111: the otherwise public government information can remain secret.
p.000111: For those documents that contain portions of privileged or confidential information, the departments and entities
p.000111: are in the obligated to disclose a public version of such documents, omitting the privileged or confidential
p.000111: portions.
p.000111:
p.000111:
p.000111:
p.000111:
p.000111:
p.000111:
p.000111:
p.000111:
p.000111:
p.000111: Law enforcement activities to prevent the trafficing of infants, is privileged information.
p.000111: The medical record of a patient is confidential information.
p.000111:
p.000112: 112
p.000112:
p.000112:
p.000112:
p.000112: ACCESS GUIDE
p.000112:
p.000112:
p.000112: 1. Departments and entities
p.000112:
p.000112:
p.000112:
p.000112:
p.000112: II.
...
Social / Soldier
Searching for indicator army:
(return to top)
p.000030: creation of an annual report, as mentioned in Article 39.
p.000030:
p.000030:
p.000030: Article 30
p.000030:
p.000030: Each committee shall be formed by:
p.000030: I. One public servant appointed by the principal of the department or entity;
p.000030: II. The principal of the Liaison Unit; and
p.000030: III. The principal of the internal control body of each department or entity.
p.000030: The committee shall make their decision by majority of votes.
p.000030: Article 32
p.000030:
p.000030: The National General Archive shall be responsible for the creation, in coordination with the Institute,
p.000030: of the criteria to be used to catalogue, characterize and handle administrative documents, as well as for
p.000030: the organization of the archives of the departments or entities. Said criteria shall take into account
p.000030: international standards and best practices that already exist on that matter.
p.000030: The principals of the departments and entities, based upon applicable provisions, shall make sure that the
p.000030: archives are functioning accordingly. Furthermore, they shall create and make available to the public a simple
p.000030: guide about their cataloguing and classification systems, as well as the organization of the archive.
p.000030:
p.000030:
p.000030: Article 31
p.000030:
p.000030: The Center of Investigation and National Security; the Drug Control Planning Center; the Intelligence
p.000030: Coordination Direction of the Preventive Federal Police; the Unit against Organized Crime; Presidential Secret
p.000030: Service; the Secret Service of the Army; the Secret Service of the Navy; or the administrative units in lieu of the
p.000030: above, shall not be subjected to the authority of the Committees mentioned in Article 29, and their
p.000030: functions are the sole responsibility of the principal of each administrative unit.
p.000030:
p.000031: 31
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031: Chapter
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031: Federal Institute of Access to Public Information (IFAI)
p.000031:
p.000031:
p.000031:
p.000031: FEDERAL LAW
p.000031:
p.000031:
p.000031:
p.000031: Article 33
p.000031:
p.000031: The Federal Institute of Access to Public Information is a body that belongs to the Federal Public
p.000031: Administration. It has operative, budget and decision making autonomy, and it is the body in charge of promoting
p.000031: and disseminate the use of the right of access to information; deciding if a request of access to information is
p.000031: accepted or denied; and, protecting all personal data under the custody of the departments and entities.
p.000031: Article 34
p.000031:
p.000031: The Institute is formed by four commissioners, who shall be appointed by the Federal Executive. The Chamber of
...
Searching for indicator military:
(return to top)
p.000116: sent via registered mail or courier in any of the following formats:
p.000116: 1) Hard copy,
p.000116: 2) Magnetic media (diskette), or
p.000116: 3) Optical media (CD-Rom)
p.000116:
p.000117: 117
p.000117:
p.000117:
p.000117:
p.000117:
p.000117: • The notification shall also state whenever there are no documents available with the requested information.
p.000117: d) Request for access to personal data
p.000117: You (or your legal representative) can request information about your personal data in any department or entity, via
p.000117: ordinary mail or overnight delivery, via e-mail or on the Internet (www.ifai.org.mx), or do it personally in
p.000117: the Liaison Unit. In this request, you must state:
p.000117: • Your name and address or any other means to receive notifications, like your e-mail address;
p.000117: • The particulars of your representative, if applicable;
p.000117: • A description of the data you are requesting, as well as any additional information to make it
p.000117: easier for the department or entity staff to locate such personal information;
p.000117: • The means by which you want the information to be delivered, either verbally for consultation purposes,
p.000117: direct reference, simple or certified copies, copies or any other media; and
p.000117: • Either you or your legal representative must show evidence of your legal standing at the time the data is
p.000117: delivered, in order to avoid other people to gain access to your personal data. Only the following documents
p.000117: are acceptable: valid passport, military service book, professional degree card, or voter registration ID.
p.000117: Within a period of ten days after you have filed your request, the Liaison Unit will send you a notice, via registered
p.000117: mail, stating if your data is available in that department. If you requested certified copies of your data and/or in
p.000117: written format to be sent to an address by registered mail with notification, then your data shall be delivered within
p.000117: the next ten workdays from the payment date of the reproduction and/or shipping expenses.
p.000117: If the data you requested is not available in the records of the department or entity where you requested it, then the
p.000117: Liaison Unit will advise you as to where you can find such information. You will receive this notification in
p.000117: written form via registered mail, five days after filing your application, with no charge whatsoever.
p.000117: If you made any mistake in your request or if the department needs you to provide further information to locate your
p.000117: data, you will receive a notification of this situation via registered mail with acknowledged reciept. You
p.000117: shall have one month to correct or expand your request. Otherwise, your request shall be disposed of.
p.000117:
p.000117: Either you or your legal representative can request access to information on your personal data
p.000117: directly from the corresponding department or entity.
p.000117: The department or entity will respond to your request personally or through the representative,
p.000117: by certified mail, courier or electronic means (www.ifai.org.mx).
p.000117:
p.000118: 118
p.000118:
p.000118:
p.000118:
p.000118: ACCESS GUIDE
p.000118:
p.000118:
p.000118:
...
Social / Victim of Abuse
Searching for indicator abuse:
(return to top)
p.000022: provisions. In the case there is a request for access to information that contains confidential
p.000022: information, the compelled individuals shall disclose such, provided they have the approval of the owner of said
p.000022: confidential information.
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000022:
p.000023: 23
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023: Chapter
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023:
p.000023: Protection of Personal Data
p.000023:
p.000023:
p.000023:
p.000023: FEDERAL LAW
p.000023:
p.000023:
p.000023:
p.000023: Article 20
p.000023:
p.000023: The compelled bodies shall be responsible for all personal data and they shall:
p.000023: I. Adopt adequate procedures to receive and respond requests for access and correction of data, as well as to train
p.000023: public servants and provide information about the policies to protect said data, based upon the guidelines
p.000023: established for that purpose by the Institute or by the equivalent office mentioned in Article 61;
p.000023: II. Use personal data only when adequate and necessary for the purposes that were obtained and they shall never abuse
p.000023: their use;
p.000023: III. To give to interested parties, as soon as personal data is being collected, a document in which the purposes
p.000023: of its use is established, based upon the guidelines established by the Institute or by the equivalent office
p.000023: mentioned in Article 61;
p.000023: IV. Make sure that all personal data is exact and updated;
p.000023: V. Replace, rectify or complete, as a duty, all incorrect or inexact, either partial or totally, personal data
p.000023: as soon as they realize the existence of said inaccuracies;
p.000023: VI. Adopt all necessary measures to guarantee the security of personal data and avoid its alteration, loss, or
p.000023: unauthorized conveyance or access.
p.000023: Article 21
p.000023:
p.000023: Compelled bodies shall not be able to spread, distribute or commercialize personal data contained in information
p.000023: systems developed for the performance of their duties, unless there is an express approval, in writing or in any
p.000023: other similar manner, from the parties whose information is being disclosed.
p.000023:
p.000023:
p.000023: Article 22
p.000023:
p.000023: In the following cases it shall not be necessary to seek the approval of the owners of the information in order
p.000023: to disclose it:
p.000023: I. DECREE. (Published in the Federal Official Newspaper on May 11th., 2004).
p.000023: II. Information needed for statistical, scientific or other general purposes provided by Law, as long as said
p.000023: information is not related to the personal data of the person to whom the information belongs.
p.000023: III. When the information is conveyed between the compelled bodies or departments and entities, as long as the
p.000023: information is only used for the performance of their duties.
...
Social / education
Searching for indicator educational:
(return to top)
p.000031: Administration. It has operative, budget and decision making autonomy, and it is the body in charge of promoting
p.000031: and disseminate the use of the right of access to information; deciding if a request of access to information is
p.000031: accepted or denied; and, protecting all personal data under the custody of the departments and entities.
p.000031: Article 34
p.000031:
p.000031: The Institute is formed by four commissioners, who shall be appointed by the Federal Executive. The Chamber of
p.000031: Senators may object to said appointments by a majority of votes, and, when the chamber is in recess, the Permanent
p.000031: Commission shall have the same voting right. In any case, the legislative office in question shall have thirty days to
p.000031: decide, and once that period has expired and no resolution has been issued, it shall be deemed as if there
p.000031: were no objection to the appointment made by the Federal Executive.
p.000031:
p.000031: The commissioners should only be removed from their position if they have severely breached the provisions
p.000031: contained in the Constitution and in this Law, if they have carried out actions or omissions that have an
p.000031: impact in the Institute, or if they have been sentenced for a severe crime that deserves corporal punishment.
p.000031: They shall remain in that position for a period of seven years, they may not be reelected, and while in office, they
p.000031: may not hold another job, position or commission, except in educational, scientific or charitable institutions.
p.000031: The resolutions issued by the Institute, shall not be subordinated to any authority and it shall make its own
p.000031: decisions with full independence and shall have the human and material resources needed for the
p.000031: performance of its duties.
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000033: 33
p.000033:
p.000033:
p.000033:
p.000033:
p.000033: Article 35
p.000033:
p.000033: In order to be a commissioner it is necessary to:
p.000033: I. Be a Mexican citizen;
p.000033: II. Have never been sentenced for the perpetration of a fraudulent crime;
p.000033: III. Be at least thirty five years of age at the time of the appointment;
p.000033: IV. Have performed outstandingly in professional, public or academic activities related to the subject matter
p.000033: of this Law; and
p.000033: V. Have not been secretary of state, head of an administrative department, attorney general, senator, federal or
p.000033: local deputy, head of a political party or association, governor of any state, head of government of the Federal
p.000033: District, within a period of one year before the appointment.
p.000033:
p.000033:
p.000033: Article 36
p.000033:
p.000033: The Institute shall be chaired by a Commissioner, who shall be the legal representative of the
p.000033: same. He or she shall remain in said position for a period of two years, and can be reelected once and shall be elected
p.000033: by the rest of the commissioners.
p.000033: Article 37
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
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p.000008: the national representation, but to the democratic quality of the exercise of the
p.000008:
p.000008:
p.000008: INTRODUCTION
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008:
p.000008: power. The Federal Law of Transparency is a “second generation” democratic reform, where the subjects of the type
p.000008: of government, the state of rights and accountability are placed on the front and center for the benefit of
p.000008: governed.
p.000008: We believe that the legislation contains a regulatory framework the consequences of which will be
p.000008: experienced almost immediately, though especially in the short term, as it will generate a significant amount of
p.000008: change in the existing relationship between society and State, because now every decision, every omission,
p.000008: every action undertaken by public officers (institutional, administrative, budge-tary, political, etc.) shall be
p.000008: subject to the scrutiny of any individual at any time. Dozens, hundreds and even thousands of observers will be
p.000008: attentive and will have all the necessary tools to request such information, thereby creating a new, demanding
p.000008: context for all public officers of Mexico
p.000008:
p.000008: At the same time, the Law of Transparency wil provide for a better informed public discourse,
p.000008:
p.000008: as it will be supported by common information and accessible to everybody, by a readely available,
p.000008: documented, and filed official data, in order to make judgments, state an opinion or to make a better informed
p.000008: decision.
p.000008: Access to information, transparency, accountability, personal data protection, and the right to privacy are
p.000008: now on-going topics. They are inevitably a part of the current and future agenda of Mexico, to the benefit of its
p.000008: politics and culture.
p.000008:
p.000008:
p.000008:
p.000008: COMMISSIONERS:
p.000008: María Marván Laborde (PRESIDENT COMMISSIONER) Horacio Aguilar Álvarez de Alba
p.000008: Alonso Gómez Robledo Verduzco Juan Pablo Guerrero Amparán José Octavio López Presa
p.000008:
p.000009: 9
p.000009:
p.000009:
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p.000010: 10
p.000010:
p.000010:
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p.000010:
p.000010:
p.000010:
p.000010: FEDERAL LAW OF TRANSPARENCY AND ACCESS TO
p.000010: PUBLIC GOVERNMENT INFORMATION
p.000010: Published in the Federal Official Newspaper on June 11, 2002
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000010:
p.000011: 11
p.000011:
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p.000011:
p.000011: COMMON PROVISIONS FOR COMPELLED BODIES
p.000011:
p.000011:
p.000011:
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p.000011:
p.000011:
p.000011: Chapter
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011:
p.000011: General Provisions
p.000011:
...
General/Other / Impaired Autonomy
Searching for indicator autonomy:
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p.000007: As of June 12, 2003, the Federal Law of Transparency and Access to Government Public Information forces the
p.000007: government to open its files. Now, every petitioner can request any document containing public
p.000007: information from any federal institution, and to obtain it in a fast and simple manner. With this law, the Mexican
p.000007: government is require to submit information on its performance, the use of public resources and their results.
p.000007: Individuals can use all public information to better evaluate their government. In this manner, transparency
p.000007: contributes to the reduction of impunity and corruption.
p.000007: In certain cases, defined by the Law as exceptions, the information under the custody of the Federal
p.000007: Government is privileged or confidential. For example, it is considered privileged when its disclosure
p.000007: jeopardizes national security or the life of any individual. Furthermore, the concept of confidential information
p.000007: is related to personal data, disclosure of which would undermine the right of privacy of individuals.
p.000007: The new legislation was passed in 2002, as a result of the participation of civil society who submitted their own
p.000007: initiative to the
p.000007:
p.000007: 7
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007: Congress. The Executive along with the legislators, also participated in its creation and it passed
p.000007: unanimously.
p.000007: The Law created the IFAI as an independent organization with the necessary autonomy and authority to enforce
p.000007: the Law, review those cases in which the authorities deny access to information and determine whether the
p.000007: requested information is public, privileged or confidential.
p.000007: Subsequently, the IFAI is putting this document which contains the folowing subjects:
p.000007: • The Federal Law of Transparency and Access to Government Public Information;
p.000007: • The regulations of the Law, applicable to Federal Public Administration departments and entities;
p.000007: • The Decree that created the IFAI;
p.000007: • The Access to Information Guide, a document created by the IFAI –and ordered by the Law– whose objective
p.000007: is to clearly explain the avenues that have been created to access information, and personal data, as well as correct
p.000007: inaccurate personal data;
p.000007:
p.000008: 8
p.000008: • Printed samples of filled-out information request forms, especially detailing each of the steps, costs, and
p.000008: terms involved, is also included.
p.000008: * * *
p.000008: The Federal Law of Transparency offers fast and clear channels with which to exercise the Right of Access to
p.000008: Information, without restrictions, by anyone, and from any place
p.000008: –either through the Internet, by mail or personally at the Liason Units– for any desired purposes. Neither the
p.000008: Law nor the IFAI can prejudge the juridical status of the individuals or their intentions as petitioners, though the
...
p.000011: III. Documents: All files, reports, tests, certificates, resolutions, official letters, correspondence,
p.000011: agreements, policies, guidelines, memos, contracts, covenants, orders, notes, memoranda, statistics or any other
p.000011: registry or record that documents the exercise of the abilities or activities of the compelled agencies and
p.000011: public servants, regardless of the source or the issuance date. Documents may be found in any means such as written,
p.000011: printed, oral, visual, electronic, informative, or holographic;
p.000011:
p.000011: IV. Departments and Entities: Those mentioned in the Organic Law of Federal Public Administration,
p.000011: including the Presidency of the Republic, decentralized
p.000011:
p.000013: 13
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013:
p.000013: bodies and the Attorney General’s Office of the Republic;
p.000013: V. Information: That contained in the documents created, obtained, acquired, transformed or kept by
p.000013: the compelled bodies for any title;
p.000013: VI. Privileged Information: Any information temporarily subjected to any of the exceptions provided in Articles
p.000013: 13 and 14 of this Law;
p.000013: VII. Institute: The Federal Institute of Access to Information created in Article 33 of this Law;
p.000013: VIII.Law: The Federal Law of Transparency and Access to Public Government Information;
p.000013: IX. Autonomous Constitutional Bodies: The Federal Electoral Institute, the National Commission of Human Rights,
p.000013: the Bank of Mexico, the universities and any other academic institutions of higher studies that have received
p.000013: autonomy by law, and any other organization established in the Political Constitution of the United Mexican
p.000013: States;
p.000013: X. Regulation: The regulation related to the Federal Executive Power, the Federal Law of Transparency and Access
p.000013: to Public Government Information;
p.000013: XI. Public Servants: Those mentioned in paragraph one of Article 108 of the Constitution and any other
p.000013: individuals that make use of or manage federal public resources.
p.000013:
p.000014: 14
p.000014:
p.000014: XII. National Security: Actions aimed to protect the integrity, stability, and permanence of the
p.000014: Mexican State, democratic governability, external defense and domestic security of the Federation, aimed to the
p.000014: general well being of the society and enabling the achievement of the goals of the Constitutional State;
p.000014: XIII.Personal Data System: The orderly set of personal data in the possession of a compelled agency;
p.000014: XIV. Compelled Bodies:
p.000014: a) The Federal Executive Power, the Federal Public Administration, and the Attorney General’s Office;
p.000014: b) The Federal Legislative Power, formed by the Chamber of Deputies and the Chamber of Senators, the Permanent
p.000014: Commission and any of its bodies;
p.000014: c) The Federal Judicial Power of the Federation and the Council of the Federal Judicature;
p.000014: d) Any autonomous constitutional body;
p.000014: e) Any federal administrative court, and
p.000014: f) Any other federal body.
p.000014: XV. Administrative Units: Those that in accordance with the rules of each of the compelled bodies have
p.000014: information based upon the powers conferred to them.
...
p.000030:
p.000030:
p.000030: Article 31
p.000030:
p.000030: The Center of Investigation and National Security; the Drug Control Planning Center; the Intelligence
p.000030: Coordination Direction of the Preventive Federal Police; the Unit against Organized Crime; Presidential Secret
p.000030: Service; the Secret Service of the Army; the Secret Service of the Navy; or the administrative units in lieu of the
p.000030: above, shall not be subjected to the authority of the Committees mentioned in Article 29, and their
p.000030: functions are the sole responsibility of the principal of each administrative unit.
p.000030:
p.000031: 31
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
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p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031: Chapter
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031: Federal Institute of Access to Public Information (IFAI)
p.000031:
p.000031:
p.000031:
p.000031: FEDERAL LAW
p.000031:
p.000031:
p.000031:
p.000031: Article 33
p.000031:
p.000031: The Federal Institute of Access to Public Information is a body that belongs to the Federal Public
p.000031: Administration. It has operative, budget and decision making autonomy, and it is the body in charge of promoting
p.000031: and disseminate the use of the right of access to information; deciding if a request of access to information is
p.000031: accepted or denied; and, protecting all personal data under the custody of the departments and entities.
p.000031: Article 34
p.000031:
p.000031: The Institute is formed by four commissioners, who shall be appointed by the Federal Executive. The Chamber of
p.000031: Senators may object to said appointments by a majority of votes, and, when the chamber is in recess, the Permanent
p.000031: Commission shall have the same voting right. In any case, the legislative office in question shall have thirty days to
p.000031: decide, and once that period has expired and no resolution has been issued, it shall be deemed as if there
p.000031: were no objection to the appointment made by the Federal Executive.
p.000031:
p.000031: The commissioners should only be removed from their position if they have severely breached the provisions
p.000031: contained in the Constitution and in this Law, if they have carried out actions or omissions that have an
p.000031: impact in the Institute, or if they have been sentenced for a severe crime that deserves corporal punishment.
p.000031: They shall remain in that position for a period of seven years, they may not be reelected, and while in office, they
p.000031: may not hold another job, position or commission, except in educational, scientific or charitable institutions.
...
p.000101:
p.000101:
p.000101:
p.000101:
p.000101:
p.000101:
p.000101:
p.000102: 102
p.000102:
p.000102:
p.000102:
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p.000102:
p.000102:
p.000102:
p.000102:
p.000102:
p.000102:
p.000102:
p.000102:
p.000102: DECREE
p.000102: for the Creation of the Federal Institute
p.000102: of Access to Public Information
p.000102:
p.000102: Published in the Federal Official Newspaper on December 24th., 2002.
p.000102:
p.000102:
p.000102:
p.000102:
p.000102:
p.000102:
p.000102:
p.000102:
p.000102:
p.000102:
p.000103: 103
p.000103:
p.000103:
p.000103:
p.000103: VICENTE FOX QUESADA, President of the United Mexican States, exercising the faculty that Article 89, fraction
p.000103: I, of the Political Constitution of the United Mexican States, bestows upon me; based on Articles 33, 34 and 36
p.000103: of the Federal Law on Transparency and Access to Public Government Information; 14 and 15 of the Federal Law of
p.000103: State-Owned Corporations and 21, 37 and 45 of the Organic Law on Federal Public Administration, and
p.000103:
p.000103: CONSIDERING
p.000103: That through a Decree published in the Official Federal Newspaper on June 11, 2002, the Federal Law on
p.000103: Transparency and Access to Government Public Information, introduced by the Honorable Congress, was enacted and
p.000103: published.
p.000103: That in the mentioned legal ordinance the Federal Institute of Access to Public Information was
p.000103: created, with operative, budgetary and decisive autonomy, fundamentally in charge of promoting the
p.000103: exercise of the right to access information; resolving the refusal of the requests for access to information and
p.000103: protecting personal details in the hands of government departments and entities.
p.000103: That the Law itself expressly foresees that for the effects of its resolutions the Institute will not be subordinated
p.000103: to any authority, will adopt its decisions with full independence and will have the human and material
p.000103: resources for the fulfillment of its duties.
p.000103: That the Federal Public Administration encompassess very diverse forms of administrative
p.000103: organization, which vary not
p.000103: only with respect to their legal nature but also on their degree of autonomy, organizational rules, structures and
p.000103: budgetary treatment, amongst other elements.
p.000103: That it is necessary to clarify that the legal nature of the body is one which allows full exercise of operative,
p.000103: budgetary and decisive autonomy to ensure its independence from other departments or entities of the same public
p.000103: administration; in particular for the quasi-jurisdictional duties that the institute carries out or those related
p.000103: to the negative resolutions to requests for access to information and personal data, as well as its power to
p.000103: have access to privileged or confidential information, at any given time, in order to determine its proper
p.000103: classification, declassification or the procedure to rule its access.
p.000103:
p.000103: That the administrative decentralization, under its modality of non-sectored body, has among other advantages, the
p.000103: suppression of the hierarchical tie that characterizes the centralized and decentralized administrative units, in
p.000103: addition to providing the autonomy of measure and patrimony.
p.000103: That with the precision to which the present Decree refers, in addition to the appointment requirements, permanence in
p.000103: the post and progression of the duty length periods as prescribed in the Law for the members of its body of
p.000103: directors, the Institute would be in the condition to perform its assigned duties, with independence, efficiency,
p.000103: objectivity and impartiality, without prejudice regarding its belonging to the public administration and to being
p.000103: subject to the budgetary limits approved by the Chamber of Deputies, I have seen fit to issue the following:
p.000103:
p.000104: 104
p.000104:
p.000104:
p.000104:
p.000104: DECREE
p.000104:
p.000104:
p.000104:
p.000104: DECREE
p.000104:
p.000104: Article 1
p.000104: Article 4
p.000104: Five Commissioners, including the President Commissioner, will integrate the highest directive body of the
p.000104: Institute. It will deliberate
p.000104:
p.000104: The Federal Institute of Access to Public Information is a decentralized, non-sectored body, with legal
p.000104: recognition and own patrimony, with legal address in Mexico City.
p.000104: The institute will have operative, budgetary and decisive autonomy, under the terms of the Law that creates it and
p.000104: this Decree, without prejudice that in matters of expenditure, budget and accounting, will govern itself under
p.000104: the Budgetary, Accounting and Federal Public Expenditure Law, the Federation’s Expenditure Budget of every fiscal year
p.000104: and the dispositions that emanate from these last two.
p.000104: as a body and will undertake resolutions by majority of votes, in compliance with its Internal Regulations.
p.000104: For the effects of its resolutions, the Institute Plenum will not be subordinated to any authority, and
p.000104: therefore will adopt the said decisions with full independence.
p.000104: The Plenum will have, in addition to the powers set forth in the Federal Law of Transparency and Access
p.000104: to Public Government Information, the ones stated in Article 58 of the Federal Law of Government-Owned
p.000104: Corporations.
p.000104:
p.000104:
p.000104: Article 2
p.000104: The Institute will have as an objective the promotion and spreading of exercising the right of access to
p.000104: information; resolve on denials of access to information requests, and to protect personal data in the hands
p.000104: of government departments and entities.
p.000104: Article 5
p.000104: The Principal Commissioner of the Institute, appointed by the Plenum, will exercise the legal representation of
p.000104: the entity and will have the faculties established in the Federal Law of Transparency and Access to Public
p.000104: Government Information, its Regulations, and the Internal Regulations of the Institute.
p.000104:
p.000104:
p.000104: Article 3
p.000104: For the fulfillment of its objective, the Institute will have the powers set forth in the Federal Law of
p.000104: Transparency and Access to Public Government Information and the remaining applicable legal dispositions.
p.000104:
p.000104:
p.000104:
p.000104:
p.000104:
p.000105: 105
p.000105:
p.000105:
p.000105:
p.000105:
p.000105: Article 6
p.000105: The Institute will have Secretaries appointed by the Plenum, in compliance with the approved budget, and in charge
p.000105: of administrative, operational and substantiated activities of all procedures. The procedural faculties shall be
p.000105: distributed among the Secretaries, as well as all necessary competence empowerment for the organization and performance
p.000105: of the said body.
p.000105: Furthermore, the Institute will have subordinated personnel and the necessary support for the
p.000105: efficient dispatch of its attributions, in compliance with its authorized budget.
p.000105:
p.000105:
p.000105: Article 7
p.000105: The patrimony of the institutions is integrated by:
p.000105: I. The resources yearly allotted by the Federation’s Expenditure Budget, for its functions.
p.000105: II. The goods and properties allotted by the Federal Executive.
p.000105: III. The resources created by the exercise of the activities under its competence; and
p.000105: IV. Other resources, goods and rights it acquires through any legal title.
p.000105: Article 8
p.000105: With the objective of guaranteeing its budge-tary and administrative autonomy, the Institute shall be
p.000105: considered as a semi-state entity with direct control, with no budgetary support.
p.000105:
p.000105: Article 9
p.000105: The Institute will have an Internal Comptroller, on internal control body that will fulfill its functions
p.000105: according to the specialized nature of the Institute and without interfering with the substantial decisions of the
p.000105: entity, pursuant the corresponding legislation.
p.000105: The Internal Comptroller, Principal of said body, as well as the holders of the auditing, complaints and
p.000105: responsibilities areas shall be appointed in terms of Article 37, fraction XII, of the Organic Law of
p.000105: Federal Public Administration and will exercise, in the area of their competence, the powers set forth in the
p.000105: appropriate ordinance, in the Federal Law of Semi-State Entities, in the Federal Law of Administrative
p.000105: Responsibilities of Public Servants and the other applicable dispositions.
p.000105:
p.000105:
p.000105:
p.000105:
p.000105:
p.000106: 106
p.000106:
p.000106:
p.000106:
p.000106: DECREE
p.000106:
p.000106:
p.000106:
p.000106: Article 10
p.000106: The Institute will have a surveillance body, with powers granted by the Federal Law of Semi-State Entities and
p.000106: other applicable dis- positions. The duty of the Commissioner will fall on the Principal of the internal
p.000106: control body.
p.000106: Pursuant to Article 33 of the Federal Law of Access to Public Government Information, the exercise of the attributes
p.000106: conferred to the Public Commissioner does not entail the evaluation of the performance of the
p.000106: substantial duties of the body or imply limitations or restrictions of any kind to the said duties. The
...
p.000120: You must file an appeal within fifteen workdays after the notification date. If you file it at the Liaison Unit, such
p.000120: entity must submit it to the IFAI by means of SISI no later than one day after its reception. If you have Internet
p.000120: access, either at your home, a public place or any other place, the simplest thing to do is to file the appeal through
p.000120: SISI, at IFAI’s web page (www.ifai.org.mx)
p.000120: The IFAI has fifty workdays to issue a ruling, and does it in two steps. During the first thirty workdays, IFAI
p.000120: reviews your case, prepares a file and a ruling file. Then, the IFAI Commissioners must rule on your case within the
p.000120: next twenty workdays (unless they request to extend the term for another twenty workdays). The committee
p.000120: plenum, with its five Commissioners, has powers to revoke or modify the denials of access to information,
p.000120: and to personal data or its correction. The plenary committee can also discard any appeal if it is considered
p.000120: opposed to law or, if such is the case, confirm the decision of the federal department.
p.000120:
p.000120: The rulings issued by the IFAI are definite and departments and entities are in the obligation of performing in
p.000120: compliance of such. Nevertheless, one year after the date of the ruling, you can request IFAI to review your
p.000120: case. If so, the Institute must rule on your petition within a maximum of sixty workdays.
p.000120:
p.000120: The Committee Plenum of the IFAI is integrated by five Commissioners and has operative,
p.000120: budgetary and decision-making autonomy.
p.000120:
p.000120: 2. Objection means before the Federal Judicial Power
p.000120:
p.000120: From time to time, the Plenum of IFAI will determine that the access to information denial was justified
p.000120: (legally grounded and motivated), so the original decision made by the department or entity shall be confirmed;
p.000120: nevertheless, the Law does not close every door to the petitioner.
p.000120: You can object rulings issued by IFAI before the Federal Judicial Power:
p.000120: • On your own;
p.000120: • Through an attorney, and
p.000120: • Through the Public Defenders Office, of the Federal Judicial Power.
p.000120:
p.000120:
p.000120: Your appeal will not be accepted if you file it more than fifteen workdays after the notification date.
p.000120:
p.000120: The rulings issued by the IFAI are definite and all departments and entities are in the obligation to comply with
p.000120: them.
p.000120:
p.000121: 121
p.000121:
p.000121:
p.000121:
p.000121: 1. Free of charge services
p.000121:
p.000121:
p.000121:
p.000121:
p.000121: IV.
p.000121: What is the cost of access to information, to personal data and its correction?
p.000121: Whenever the necessary means are available, departments and entities will provide, through the Internet and
p.000121: free of charge, the requested public information.
p.000121: The delivery of your personal information is free of charge if submitted in simple copies and if you choose to collect
p.000121: them personally at the Liaison Unit, or wherever you filed the initial request.
p.000121: No department or entity is entitled to charge for document search and / or revision time to respond to your information
...
p.000122: departments such as the National Statistics, Geography and Information Institute (INEGI, is the acronym in Spanish)
p.000122: and the Public Treasury Technical Development Institute (INDETEC, in Spanish), from financial
p.000122: institutions such as the Foreign Trade Bank (BANCOMEXT, is its acronym in Spanish) and National Finance (NAFIN, is the
p.000122: acronym in Spanish), or from some of the universities and research centers, amongst others.
p.000122:
p.000122: Except for the certified copies, the reproduc- tion and correction of personal data shall be free of charge.
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122: After receiving a positive access to information notification, you have a term of three months to retrieve it, to start
p.000122: your consultation or to cover the reproduction and shipping costs.
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
p.000122:
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p.000122:
p.000123: 123
p.000123:
p.000123:
p.000123:
p.000123:
p.000123:
p.000123:
p.000123: V.
p.000123: How and where you can request information about the Legislative and Judicial Powers, autonomous entities and the state
p.000123: governments?
p.000123: The Law provides that the Legislative and Judicial powers, as well as any autonomous constitutional entities,
p.000123: such as IFE, Bank of Mexico and other public institutions with autonomy like UNAM, are obligated to establish
p.000123: their own criteria and procedures, so you can access their information. These criteria and procedures can differ,
p.000123: according to the institution.
p.000123: You can address these entities to make consultations on:
p.000123: • Their Liaison Units or equivalent;
p.000123: • Their information committees or equivalent;
p.000123: • Their access to information procedures, including their appeals;
p.000123: • Their processes to access and correct personal data, and
p.000123: • Their internal instances responsible for law enforcement and solutions to the appeals.
p.000123: Some state governments have recently passed their own access to public government information laws and some
p.000123: others are in process of adopting similar laws.
p.000123:
p.000123:
p.000123:
p.000123:
p.000123:
p.000123:
p.000124: 124
p.000124:
p.000124:
p.000124:
p.000124: ACCESS GUIDE
p.000124:
p.000124:
p.000124:
p.000124:
p.000124:
p.000124: VI.
p.000124: Where can I learn more about the access to infor- mation rights, personal data protection and IFAI?
p.000124:
p.000124: If you wish to learn more about access to information rights, personal data protection, access procedures or
p.000124: the IFAI´s activities, we
...
General/Other / Public Emergency
Searching for indicator emergency:
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p.000017:
p.000017:
p.000017: Article 9
p.000017:
p.000017: The information contained in Article 7 shall be available for the general public by means of remote media or
p.000017: local electronic communication systems. All compelled bodies shall have available computing equipment so that the
p.000017: general public is able to obtain the information in a direct way or by means of hard copies. Furthermore, they shall
p.000017: offer support to the users that need it and provide all types of help regarding the procedures and services
p.000017: rendered.
p.000017: The departments and entities shall prepare the automation, presentation and content of their information, as well as
p.000017: its integration on line, based upon the terms of the Regulations and guidelines issued by the Institute.
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000017:
p.000018: 18
p.000018:
p.000018:
p.000018:
p.000018: FEDERAL LAW
p.000018:
p.000018:
p.000018:
p.000018: Article 10
p.000018:
p.000018: The bodies and entities shall make public, directly or through the Juridical Council of the Federal Executive or
p.000018: the Federal Commission of Regulation Improvements, based upon the provisions of the Regulations, and at least 20
p.000018: workdays prior to the date in which they are to be published or signed by the holder of the Federal Executive Power,
p.000018: the drafts and administrative provisions of a general nature mentioned in Article 4 of the Federal Law of
p.000018: Administrative Procedures, unless the Juridical Council of the Federal Executive or the Federal Commission
p.000018: of Regulation Improvements, accordingly determines that the publication of said information may compromise
p.000018: the results expected by law or it is an emergency situation, in conformance with that law.
p.000018: Article 11
p.000018:
p.000018: The reports presented by political parties and national political groupings before the Federal Electoral Institute, as
p.000018: well as the audits and verifications ordered by the Examining Commission of Public Resources of Political
p.000018: Parties and Groupings, shall be made public at the end of the corresponding examining procedure.
p.000018: Any citizen may request from the Federal Electoral Institute information concerning the use of public
p.000018: resources given to political parties and national political groupings.
p.000018:
p.000018:
p.000018: Article 12
p.000018:
p.000018: Compelled bodies shall make public all information regarding the amounts of, and the people receiving for
p.000018: any reason public resources, as well as reports delivered by said people regarding the use and destination of said
p.000018: public resources.
p.000018:
p.000018:
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p.000019: 19
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p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019: Chapter
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019:
p.000019: Privileged and Confidential Information
p.000019:
p.000019:
p.000019:
p.000019: FEDERAL LAW
p.000019:
p.000019:
p.000019:
p.000019: Article 13
p.000019:
...
p.000063: have the purpose of setting specific obligations in lack of competence conditions and any other similar
p.000063: situation of the previous acts and with no exclusion in any case.
p.000063:
p.000063:
p.000063: Article 25
p.000063:
p.000063: The drafts mentioned in the previous Article and which are subject to the Third A Title of the Federal Law of
p.000063: Administrative Procedures shall be published through the Federal Commission of Regulation Updates Internet website. In
p.000063: this case, the mentioned Commission will issue a certification on the compliance of such obligation. The
p.000063: departments and entities shall request the treatment referred to in Article 10 of the Federal Commission of
p.000063: Regulation Updates, in terms of the Federal Law of Administrative Procedures.
p.000063:
p.000063: The drafts of those laws or acts that are not subject to the Third A Title of the Federal Law of Administrative
p.000063: Procedures must be published on the individual department or entity Internet website; in the case of failing to do so
p.000063: and for
p.000063:
p.000063:
p.000063: drafts of laws or acts that are intended to be submitted for the signature of the Federal Executive, the
p.000063: Juridical Council of the Federal Executive shall publish them in the terms of the previous Article.
p.000063: The departments and entities shall request the special treatment stated in Article 10 of the Law to the Juridical
p.000063: Council of the Federal Executive. Regarding drafts of laws, the Juridical Council will consider the constitutional and
p.000063: legal terms, as well as the session terms of the Congress.
p.000063: In the special treatment requests mentioned in this Article, the departments and entities must provide the
p.000063: justification of the emergency, or those that prove that the advanced disclosure could compromise the effects that are
p.000063: intended to be achieved by such provision.
p.000063: General administrative acts derived from the administrative procedures related to disloyal international trade
p.000063: practices, as set forth in the Law of Foreign Trade, are free form the pre-disclosure obligation, as it is
p.000063: considered that the intended effects could be compromised.
p.000063:
p.000065: 65
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065: Chapter
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065:
p.000065: Information Classification
p.000065:
p.000065:
p.000065: REGULATIONS
p.000065:
p.000065:
p.000065:
p.000065:
p.000065: Article 26
p.000065:
p.000065: The departments and entities administrative unit principals will classify the information when:
p.000065: I. The information is generated, obtained, acquired or transformed; or
p.000065: II. A request for access to the information is received, in the case of documents with no previous categorization.
p.000065: Article 28
p.000065:
p.000065: The Institute will set the guidelines containing the criteria for the classification, declassification and
p.000065: custody of privileged and confidential information. The Committees shall establish specific criteria whenever the
p.000065: nature or specificity of the information or administrative unit demands so, provided a justification is submitted
p.000065: and as long as there is no contradiction with the guidelines issued by the Institute. Such criteria and justification
...
General/Other / Relationship to Authority
Searching for indicator authority:
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p.000007: government to open its files. Now, every petitioner can request any document containing public
p.000007: information from any federal institution, and to obtain it in a fast and simple manner. With this law, the Mexican
p.000007: government is require to submit information on its performance, the use of public resources and their results.
p.000007: Individuals can use all public information to better evaluate their government. In this manner, transparency
p.000007: contributes to the reduction of impunity and corruption.
p.000007: In certain cases, defined by the Law as exceptions, the information under the custody of the Federal
p.000007: Government is privileged or confidential. For example, it is considered privileged when its disclosure
p.000007: jeopardizes national security or the life of any individual. Furthermore, the concept of confidential information
p.000007: is related to personal data, disclosure of which would undermine the right of privacy of individuals.
p.000007: The new legislation was passed in 2002, as a result of the participation of civil society who submitted their own
p.000007: initiative to the
p.000007:
p.000007: 7
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007:
p.000007: Congress. The Executive along with the legislators, also participated in its creation and it passed
p.000007: unanimously.
p.000007: The Law created the IFAI as an independent organization with the necessary autonomy and authority to enforce
p.000007: the Law, review those cases in which the authorities deny access to information and determine whether the
p.000007: requested information is public, privileged or confidential.
p.000007: Subsequently, the IFAI is putting this document which contains the folowing subjects:
p.000007: • The Federal Law of Transparency and Access to Government Public Information;
p.000007: • The regulations of the Law, applicable to Federal Public Administration departments and entities;
p.000007: • The Decree that created the IFAI;
p.000007: • The Access to Information Guide, a document created by the IFAI –and ordered by the Law– whose objective
p.000007: is to clearly explain the avenues that have been created to access information, and personal data, as well as correct
p.000007: inaccurate personal data;
p.000007:
p.000008: 8
p.000008: • Printed samples of filled-out information request forms, especially detailing each of the steps, costs, and
p.000008: terms involved, is also included.
p.000008: * * *
p.000008: The Federal Law of Transparency offers fast and clear channels with which to exercise the Right of Access to
p.000008: Information, without restrictions, by anyone, and from any place
p.000008: –either through the Internet, by mail or personally at the Liason Units– for any desired purposes. Neither the
p.000008: Law nor the IFAI can prejudge the juridical status of the individuals or their intentions as petitioners, though the
p.000008: IFAI it must try to characterize such information: should the government information be public,
...
p.000030: II. The principal of the Liaison Unit; and
p.000030: III. The principal of the internal control body of each department or entity.
p.000030: The committee shall make their decision by majority of votes.
p.000030: Article 32
p.000030:
p.000030: The National General Archive shall be responsible for the creation, in coordination with the Institute,
p.000030: of the criteria to be used to catalogue, characterize and handle administrative documents, as well as for
p.000030: the organization of the archives of the departments or entities. Said criteria shall take into account
p.000030: international standards and best practices that already exist on that matter.
p.000030: The principals of the departments and entities, based upon applicable provisions, shall make sure that the
p.000030: archives are functioning accordingly. Furthermore, they shall create and make available to the public a simple
p.000030: guide about their cataloguing and classification systems, as well as the organization of the archive.
p.000030:
p.000030:
p.000030: Article 31
p.000030:
p.000030: The Center of Investigation and National Security; the Drug Control Planning Center; the Intelligence
p.000030: Coordination Direction of the Preventive Federal Police; the Unit against Organized Crime; Presidential Secret
p.000030: Service; the Secret Service of the Army; the Secret Service of the Navy; or the administrative units in lieu of the
p.000030: above, shall not be subjected to the authority of the Committees mentioned in Article 29, and their
p.000030: functions are the sole responsibility of the principal of each administrative unit.
p.000030:
p.000031: 31
p.000031:
p.000031:
p.000031:
p.000031:
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p.000031:
p.000031:
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p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031: Chapter
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000031: Federal Institute of Access to Public Information (IFAI)
p.000031:
p.000031:
p.000031:
p.000031: FEDERAL LAW
p.000031:
p.000031:
p.000031:
p.000031: Article 33
p.000031:
p.000031: The Federal Institute of Access to Public Information is a body that belongs to the Federal Public
p.000031: Administration. It has operative, budget and decision making autonomy, and it is the body in charge of promoting
p.000031: and disseminate the use of the right of access to information; deciding if a request of access to information is
p.000031: accepted or denied; and, protecting all personal data under the custody of the departments and entities.
p.000031: Article 34
p.000031:
p.000031: The Institute is formed by four commissioners, who shall be appointed by the Federal Executive. The Chamber of
p.000031: Senators may object to said appointments by a majority of votes, and, when the chamber is in recess, the Permanent
p.000031: Commission shall have the same voting right. In any case, the legislative office in question shall have thirty days to
p.000031: decide, and once that period has expired and no resolution has been issued, it shall be deemed as if there
p.000031: were no objection to the appointment made by the Federal Executive.
p.000031:
p.000031: The commissioners should only be removed from their position if they have severely breached the provisions
p.000031: contained in the Constitution and in this Law, if they have carried out actions or omissions that have an
p.000031: impact in the Institute, or if they have been sentenced for a severe crime that deserves corporal punishment.
p.000031: They shall remain in that position for a period of seven years, they may not be reelected, and while in office, they
p.000031: may not hold another job, position or commission, except in educational, scientific or charitable institutions.
p.000031: The resolutions issued by the Institute, shall not be subordinated to any authority and it shall make its own
p.000031: decisions with full independence and shall have the human and material resources needed for the
p.000031: performance of its duties.
p.000031:
p.000031:
p.000031:
p.000031:
p.000031:
p.000033: 33
p.000033:
p.000033:
p.000033:
p.000033:
p.000033: Article 35
p.000033:
p.000033: In order to be a commissioner it is necessary to:
p.000033: I. Be a Mexican citizen;
p.000033: II. Have never been sentenced for the perpetration of a fraudulent crime;
p.000033: III. Be at least thirty five years of age at the time of the appointment;
p.000033: IV. Have performed outstandingly in professional, public or academic activities related to the subject matter
p.000033: of this Law; and
p.000033: V. Have not been secretary of state, head of an administrative department, attorney general, senator, federal or
p.000033: local deputy, head of a political party or association, governor of any state, head of government of the Federal
p.000033: District, within a period of one year before the appointment.
p.000033:
p.000033:
p.000033: Article 36
p.000033:
p.000033: The Institute shall be chaired by a Commissioner, who shall be the legal representative of the
p.000033: same. He or she shall remain in said position for a period of two years, and can be reelected once and shall be elected
p.000033: by the rest of the commissioners.
p.000033: Article 37
p.000033: The Institute shall have the following powers:
p.000033: I. To interpret this Law, from the administrative point of view, based upon Article 6;
...
p.000069: considered, as established in the treaties ratified by the Senate of the Republic or in the resolutions issued
p.000069: by international organizations recognized by the Mexican State as competent, as well as in the
p.000069: applicable legal provisions.
p.000069:
p.000069:
p.000069: Article 35
p.000069:
p.000069: When under the judgment of a department or entity it is necessary to extend a file or document reservation
p.000069: period, the corresponding Committee must make the corresponding request to the Institute, duly grounded
p.000069: and motivated, at least three months prior to the due date of the reservation period.
p.000069: In absence of a reply from the Institute within two months after the date of the reservation period extension
p.000069: request, it shall be considered as affirmative in fact and the document will continue to be considered as
p.000069: privileged for the requested period.
p.000069:
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p.000070:
p.000070:
p.000070: Chapter
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070:
p.000070: Confidential Information
p.000070:
p.000070:
p.000070:
p.000070:
p.000070: Article 37
p.000070:
p.000070: Confidential information is not subject to due dates and remains as such indefinitely, except by express written
p.000070: consent of the holder of such information or by written order issued by a competent authority.
p.000070: Article 40
p.000070:
p.000070: So that the departments or entities can authorize access to privileged or confidential information, it shall
p.000070: be necessary to obtain express consent from the individuals who own such information, by written document or
p.000070: equivalent authentification.
p.000070:
p.000070:
p.000070:
p.000070: Article 38
p.000070:
p.000070: Citizens who submit confidential information to departments and entities pursuant to the provisions set forth in
p.000070: Article 19 of the Law must indicate the documents or sections where such information appears, as well as the
p.000070: grounds of its confidentiality.
p.000070:
p.000070:
p.000070: Article 39
p.000070:
p.000070: For the effects of paragraph I of Article 22 of the Law, it shall be understood that the express consent of the
p.000070: information holder will not be required, whenever the life or integrity of the person involved is in serious risk.
p.000070: Article 41
p.000070:
p.000070: When a department or entity receives a request for access to a file or to documents containing confidential
p.000070: information and the Committee considers such as pertinent, the department or entity can request the holder of the
p.000070: information to approve its delivery and will have ten workdays to reply to the corresponding notification.
p.000070: The silence of the individual shall be deemed as a refusal.
p.000070: The Committee must allow access to the public versions of those files and documents referred to in the previous
...
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p.000102:
p.000103: 103
p.000103:
p.000103:
p.000103:
p.000103: VICENTE FOX QUESADA, President of the United Mexican States, exercising the faculty that Article 89, fraction
p.000103: I, of the Political Constitution of the United Mexican States, bestows upon me; based on Articles 33, 34 and 36
p.000103: of the Federal Law on Transparency and Access to Public Government Information; 14 and 15 of the Federal Law of
p.000103: State-Owned Corporations and 21, 37 and 45 of the Organic Law on Federal Public Administration, and
p.000103:
p.000103: CONSIDERING
p.000103: That through a Decree published in the Official Federal Newspaper on June 11, 2002, the Federal Law on
p.000103: Transparency and Access to Government Public Information, introduced by the Honorable Congress, was enacted and
p.000103: published.
p.000103: That in the mentioned legal ordinance the Federal Institute of Access to Public Information was
p.000103: created, with operative, budgetary and decisive autonomy, fundamentally in charge of promoting the
p.000103: exercise of the right to access information; resolving the refusal of the requests for access to information and
p.000103: protecting personal details in the hands of government departments and entities.
p.000103: That the Law itself expressly foresees that for the effects of its resolutions the Institute will not be subordinated
p.000103: to any authority, will adopt its decisions with full independence and will have the human and material
p.000103: resources for the fulfillment of its duties.
p.000103: That the Federal Public Administration encompassess very diverse forms of administrative
p.000103: organization, which vary not
p.000103: only with respect to their legal nature but also on their degree of autonomy, organizational rules, structures and
p.000103: budgetary treatment, amongst other elements.
p.000103: That it is necessary to clarify that the legal nature of the body is one which allows full exercise of operative,
p.000103: budgetary and decisive autonomy to ensure its independence from other departments or entities of the same public
p.000103: administration; in particular for the quasi-jurisdictional duties that the institute carries out or those related
p.000103: to the negative resolutions to requests for access to information and personal data, as well as its power to
p.000103: have access to privileged or confidential information, at any given time, in order to determine its proper
p.000103: classification, declassification or the procedure to rule its access.
p.000103:
p.000103: That the administrative decentralization, under its modality of non-sectored body, has among other advantages, the
p.000103: suppression of the hierarchical tie that characterizes the centralized and decentralized administrative units, in
p.000103: addition to providing the autonomy of measure and patrimony.
...
p.000103: the post and progression of the duty length periods as prescribed in the Law for the members of its body of
p.000103: directors, the Institute would be in the condition to perform its assigned duties, with independence, efficiency,
p.000103: objectivity and impartiality, without prejudice regarding its belonging to the public administration and to being
p.000103: subject to the budgetary limits approved by the Chamber of Deputies, I have seen fit to issue the following:
p.000103:
p.000104: 104
p.000104:
p.000104:
p.000104:
p.000104: DECREE
p.000104:
p.000104:
p.000104:
p.000104: DECREE
p.000104:
p.000104: Article 1
p.000104: Article 4
p.000104: Five Commissioners, including the President Commissioner, will integrate the highest directive body of the
p.000104: Institute. It will deliberate
p.000104:
p.000104: The Federal Institute of Access to Public Information is a decentralized, non-sectored body, with legal
p.000104: recognition and own patrimony, with legal address in Mexico City.
p.000104: The institute will have operative, budgetary and decisive autonomy, under the terms of the Law that creates it and
p.000104: this Decree, without prejudice that in matters of expenditure, budget and accounting, will govern itself under
p.000104: the Budgetary, Accounting and Federal Public Expenditure Law, the Federation’s Expenditure Budget of every fiscal year
p.000104: and the dispositions that emanate from these last two.
p.000104: as a body and will undertake resolutions by majority of votes, in compliance with its Internal Regulations.
p.000104: For the effects of its resolutions, the Institute Plenum will not be subordinated to any authority, and
p.000104: therefore will adopt the said decisions with full independence.
p.000104: The Plenum will have, in addition to the powers set forth in the Federal Law of Transparency and Access
p.000104: to Public Government Information, the ones stated in Article 58 of the Federal Law of Government-Owned
p.000104: Corporations.
p.000104:
p.000104:
p.000104: Article 2
p.000104: The Institute will have as an objective the promotion and spreading of exercising the right of access to
p.000104: information; resolve on denials of access to information requests, and to protect personal data in the hands
p.000104: of government departments and entities.
p.000104: Article 5
p.000104: The Principal Commissioner of the Institute, appointed by the Plenum, will exercise the legal representation of
p.000104: the entity and will have the faculties established in the Federal Law of Transparency and Access to Public
p.000104: Government Information, its Regulations, and the Internal Regulations of the Institute.
p.000104:
p.000104:
p.000104: Article 3
p.000104: For the fulfillment of its objective, the Institute will have the powers set forth in the Federal Law of
p.000104: Transparency and Access to Public Government Information and the remaining applicable legal dispositions.
p.000104:
p.000104:
p.000104:
p.000104:
p.000104:
p.000105: 105
p.000105:
p.000105:
p.000105:
p.000105:
p.000105: Article 6
...
p.000110: licenses, permits and authorizations these entities or departments grant, amongst other aspects of the public
p.000110: administration.
p.000110:
p.000110: Only in exceptional cases can the access to government information be restricted. That is the case of privileged
p.000110: and confidential information. The next item briefly shows the exceptions.
p.000110:
p.000110:
p.000110:
p.000110:
p.000110:
p.000110:
p.000110: Any school evaluation must be public.
p.000110:
p.000111: 111
p.000111:
p.000111:
p.000111:
p.000111: 2. Privileged and confidential information
p.000111:
p.000111:
p.000111: Any information is considered as privileged or confidential when its disclosure could endanger the national security,
p.000111: damage the relationships with other countries, destabilize the national economy, endanger the life, safety or health
p.000111: of any person or prevent the enforcement of the law, among other assumptions (for example, the police forces of all
p.000111: over the world withhold some information about public security to better serve their societies). In Mexico,
p.000111: information can remain as privileged or confidential for a maximum period of 12 years, but it can become public
p.000111: before such term if the reasons for its classificacion disappear. In order to deny access to privileged or
p.000111: confidential information, the departments and entities must legally justify such classificacion and must provide
p.000111: evidence that its disclosure could fall in some of the exceptions set forth by the Law.
p.000111:
p.000111: No authority can categorize as privileged or confidential any information related to grave violations of basic
p.000111: human rights, related to crimes against humanity, such as torture, or the “forced disappearance of people”.
p.000111: The law also protects privacy rights. Confidential information means personal data, such as address, telephone
p.000111: number, patrimony, religious or political beliefs, and health status, among other private information that individuals
p.000111: pro- vide to the government. In order to disclose it, the holder of such information must submitÇconsent to
p.000111: do so; otherwise there is no reason for it to become public. Confidential information is also that expressly
p.000111: categorized as such by any individual and provided to governmental departments and entities.
p.000111: The government can deny access both to privileged and confidential information. Nevertheless, petitioners,
p.000111: like yourself, can always call on IFAI for review, if the denial is not justified. It is the duty of IFAI to
p.000111: ensure for applicants, that such denial to access public information is properly grounded and motivated, so that
p.000111: the otherwise public government information can remain secret.
p.000111: For those documents that contain portions of privileged or confidential information, the departments and entities
p.000111: are in the obligated to disclose a public version of such documents, omitting the privileged or confidential
p.000111: portions.
p.000111:
p.000111:
p.000111:
p.000111:
p.000111:
p.000111:
p.000111:
p.000111:
p.000111:
...
p.000118: e) Written request to correct your personal data
p.000118: Either you or your legal representative can request a modification of the information contained in any
p.000118: personal data system at the Link Unit. For that matter, you must file a modification request, stating
p.000118: the modifications you wish to make and provide documents in support of your petition at the Liaison Unit, which
p.000118: in turn must tell you, which personal data system contains the information you wish to correct. Either the
p.000118: Link Unit must present you with a notice containing the changes made in your file, within a period of
p.000118: thirty workdays after filing your request, or notify you on the reasons why such modifications were not applicable.
p.000118: This procedure is free of charge.
p.000118:
p.000118: f) Clarification of request and services to view and correct personal data
p.000118: If there is a previous request, or service to access or correct your personal data, like in the notices of
p.000118: address change filed in the Mexican Institute of Social Security or the Tax Ministry, you must use those mechanisms.
p.000118: The Liaison Units will explain what to do in those cases.
p.000118:
p.000118:
p.000118:
p.000118:
p.000119: 119
p.000119:
p.000119:
p.000119:
p.000119:
p.000119:
p.000119: III.
p.000119: Where can you go if the department or entity doesn’t provide you with the requested information, or when they do not
p.000119: submit your personal data or when they do not correct it?
p.000119: 1. Appeal before the Federal Institute of Access to Public Information (IFAI)
p.000119: IFAI has the necessary authority to revoke, modify or confirm the decision made by a department or entity regarding
p.000119: your access of information request. You can file an appeal at the IFAI, at the Liaison Unit where you filed your
p.000119: request, personally, or by means of your legal representative, when:
p.000119: • The department or entity refuses to provide the information you requested or notifies you it does not exist;
p.000119: • When you are not happy with the term, the shipping cost;
p.000119: • When you consider that the delivered information is incomplete or does not correspond to the requested
p.000119: one;
p.000119: IFAI also has the necessary authority as to revoke, modify or confirm the decision made by a department or entity
p.000119: regarding your request to access your personal data or its correction. You can file an appeal at the IFAI or the Link
p.000119: Unit in which you filed your request, personally or by means of your legal representative, at the
p.000119: department or entity:
p.000119:
p.000119:
p.000119: The appeal is the legal instrument you can use when a department or entity denies access to
p.000119: information or your personal data. You must file the recourse at the IFAI.
p.000119:
p.000119:
p.000120: 120
p.000120:
p.000120:
p.000120:
p.000120: ACCESS GUIDE
p.000120:
p.000120:
p.000120:
p.000120: • Does not deliver your personal data;
p.000120: • When the data is delivered in an incomprehensible format;
p.000120: • When the department or entity refuses to correct or modify your personal data.
p.000120: You must file an appeal within fifteen workdays after the notification date. If you file it at the Liaison Unit, such
p.000120: entity must submit it to the IFAI by means of SISI no later than one day after its reception. If you have Internet
p.000120: access, either at your home, a public place or any other place, the simplest thing to do is to file the appeal through
p.000120: SISI, at IFAI’s web page (www.ifai.org.mx)
p.000120: The IFAI has fifty workdays to issue a ruling, and does it in two steps. During the first thirty workdays, IFAI
p.000120: reviews your case, prepares a file and a ruling file. Then, the IFAI Commissioners must rule on your case within the
...
Orphaned Trigger Words
p.000059: Public Function and the internal control bodies of the departments and entities, within the field of
p.000059: their respective competence, shall disclose the following information:
p.000059: I. The number and type of audits to be performed during the respective budgetary exercise;
p.000059: II. Total number of observations derived from the audit results for each item subject to revision; and
p.000059: III. Regarding the follow-up of the audit results, the total number of clarifications made by the department or
p.000059: entity.
p.000059: The described information must be published within thirty days from the closing date of each quarter.
p.000059: The publication of all information related to the external audits performed to non-concentrated bodies
p.000059: and entities shall be deployed on their Internet websites, pursuant to the provisions of this Article.
p.000059:
p.000059:
p.000059:
p.000059:
p.000059:
p.000059:
p.000059:
p.000059:
p.000060: 60
p.000060:
p.000060:
p.000060:
p.000060: REGULATIONS
p.000060:
p.000060:
p.000060:
p.000060:
p.000060: Article 18
p.000060:
p.000060: Internal control bodies must include the information referred to in the previous Article in the department or
p.000060: entity Internet website. The Ministry of the Public Function will have links to such websites from its own page.
p.000060: The results of the audits, in regards to their publicity, must not contain information that can cause serious damage to
p.000060: the activities of verification and of fulfillment of the laws, related to presumed responsibilities or of
p.000060: another nature and in general those that are privileged or confidential in the terms of the Law and this Regulation.
p.000060: Those audit observations that could cause harm to administrative or jurisdictional proceedings shall be
p.000060: disclosed once the issues are definitively resolved and the corresponding resolutions are enacted
p.000060: and cannot be appealed in any manner whatsoever.
p.000060: Article 19
p.000060:
p.000060: The departments and entities shall publish on their Internet websites within the first ten workdays of the month
p.000060: of July of every year, at the latest, the information related to incentives, supports and subsidies programs.
p.000060: This information must be updated every three months and contain, at least, the following ele- ments
p.000060: I. Program name or denomination;
p.000060: II. The granting or administrating unit;
p.000060: III. The target or beneficiary population, as well as a corresponding log with the names of the individuals or the
p.000060: official name or denomination of the beneficiary corporations;
p.000060: IV. The granting criteria of the administrative unit;
p.000060: V. The term for which those were granted;
p.000060: VI. The amounts; and
p.000060: VII.Periodical results or reports on the progress of the programs.
p.000060:
p.000060:
p.000060:
p.000060:
p.000060:
p.000060:
p.000060:
p.000060:
p.000060:
p.000061: 61
p.000061:
p.000061:
p.000061:
p.000061:
p.000061: Article 20
p.000061:
p.000061: The departments and entities must publish on their Internet website the information related to grants,
p.000061: approvals, and licenses issued. Such information must contain, as a minimum:
p.000061: I. The identification of the granting administrative unit;
p.000061: II. The name of the individual or the official name or denomination of the corporation receiving a concession,
p.000061: approval or license;
p.000061: III. The purpose and term of the grant, approval or license, and
...
p.000079: representations and delegations of the department or entity in question, which will aid individuals in completing
p.000079: their requests and, if applicable, will guide them through the department, entity or other body that could have the
p.000079: information they request.
p.000079:
p.000079:
p.000079: Article 57
p.000079:
p.000079: The committees shall be integrated by the principal of the internal control body, the principal of the
p.000079: Liaison Unit and a public servant appointed by the principal of the department or entity. The members of
p.000079: the Committees may only be replaced in their duties by public servants specifically appointed by the member
p.000079: principals of those, and the replacements must have the immediate inferior rank. Decisions must be made by
p.000079: majority of votes.
p.000079: When an entity has no internal control body, the Ministry of the Public Function shall designate the public
p.000079: servant who will enable the Committee.
p.000079: The Committees may include the public servants they consider necessary to counsel them or support them in
p.000079: their duties, and will attend the sessions with a voice but no vote.
p.000079: Each Committee will establish the criteria for its performance, which must predict the frequency of their
p.000079: sessions, the public servant who shall be deemed as president of it and the manner to give follow up to their
p.000079: resolutions.
p.000079: Article 58
p.000079:
p.000079: The decentralized administrative bodies that have an internal control body must establish their own LiaisonUnit
p.000079: and Committee.
p.000079: When they have no internal control body, the principal of the decentralized administrative body and the Committee
p.000079: of the department to which the body is ascribed, will determine with mutual consent if their own Liaison Unit and
p.000079: Committee are required, in attention to the organizational structure, and to the type and amount of information
p.000079: it handles. If the determination is negative, the department or entity Liaison Unit and the Committee will also
p.000079: be those of the decentralized administrative body.
p.000079:
p.000079: When one decentralized administrative body has no internal control body and the creation of their own Link Unit and
p.000079: Committee is found to be necessary, the principal of the department internal control body will become part of the
p.000079: corresponding Committee.
p.000079: The Inter-ministry Commissions and the Advisory Council will fulfill the obligations prescribed by the Law, these
p.000079: Regulations and other applicable dispositions through the department Liaison Unit and the Committee of the
p.000079: department or entity that performs the duties of technical secretary or its equivalent.
p.000079:
p.000079:
p.000079:
p.000079:
p.000079:
p.000081: 81
p.000081:
p.000081:
p.000081:
p.000081:
p.000081: Article 59
p.000081:
p.000081: The changes made by the departments or entities with regards to the public servants that comprise the Liaison
p.000081: Units or the Committees, must be displayed on their Internet website within the immediate ten workdays after those
p.000081: decisions were made.
p.000081:
p.000081:
p.000081: Article 60
p.000081:
p.000081: The resolutions and criteria issued by the Committees shall be published and made known in the
p.000081: corresponding department or entity Internet website within the next ten workdays from their issuance
p.000081: date, notwithstanding that these were made available to the public through an exclusive system determined by
p.000081: the Institute for these purposes.
p.000081: Article 61
p.000081:
...
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| abuse | Victim of Abuse |
| access | Access to Social Goods |
| access to information | Access to information |
| age | Age |
| army | Soldier |
| authority | Relationship to Authority |
| autonomy | Impaired Autonomy |
| crime | Illegal Activity |
| drug | Drug Usage |
| educational | education |
| emergency | Public Emergency |
| ethnic | Ethnicity |
| faith | Religion |
| family | Motherhood/Family |
| home | Property Ownership |
| illiterate | Literacy |
| impaired | Cognitive Impairment |
| job | Occupation |
| military | Soldier |
| nation | stateless persons |
| opinion | philosophical differences/differences of opinion |
| party | political affiliation |
| police | Police Officer |
| political | political affiliation |
| property | Property Ownership |
| racial | Racial Minority |
| religious | Religion |
| restricted | Incarcerated |
| unlawful | Illegal Activity |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| army | ['military'] |
| crime | ['unlawful'] |
| faith | ['religious'] |
| home | ['property'] |
| military | ['army'] |
| party | ['political'] |
| political | ['party'] |
| property | ['home'] |
| religious | ['faith'] |
| unlawful | ['crime'] |
Trigger Words
consent
harm
justice
protect
protection
risk
Applicable Type / Vulnerability / Indicator Overlay for this Input