Country

Mexico

Mexico

Name of law : General Act of Transparency and Access to Public Information
First adopted : 2002
Last modified : 04 May 2015
RTI Rating last updated : 28 September 2016

Section Max ScoreScore
Right of Access 6 6
Scope 30 30
Requesting procedures 30 28
Exceptions 30 28
Appeals 30 26
Sanctions 8 4
Promotional measures 16 14
TOTAL 150 136

Right of Access

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1 The legal framework (including jurisprudence) recognises a fundamental right of access to information.Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.2 YES Art.6 of MX Constitution establishes the principles of the RTI, within the Constitutional chapter of \"Garantias Individuales\", ie \"Fundamental rights\". Supreme court Rulings are based on this recognition.
2 The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions.No=0, Partially=1, Yes=22 YES Article 4. The human right of access to information includes requesting, researching, disseminating, seeking and receiving information. All the information generated, obtained, acquired, processed or held by the regulated entities is public and accessible to anyone under the terms and conditions set forth in this Act, in international treaties to which the Mexican State is a party, the Federal Act, the laws of the States and the regulations applicable in their respective jurisdictions; only exceptionally it may be classified as temporarily restricted for reasons of public interest and national security, in the terms provided by this Act.\" \"Article 5. It may not be classified as confidential any information that is related to serious human rights violations or crimes against humanity, in accordance with national law or international treaties to which the Mexican State is a party. No person shall be subject to judicial or administrative investigation for the purpose of exercising the right of access to information, and this right may not be restricted by direct and indirect methods or means.\" \"Article 6. The State shall ensure effective access of any person to information held by any authority, entity, body or agency of the Legislative, Executive and Judicial branches, autonomous bodies, political parties, trusts and public funds, as General Act of Transparency and Access to Public Information
3 3.1 The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law
3.2 The legal framework emphasises the benefits of the right to information?
3.1(Y/N - max 1 point)
3.2 (Y/N - max 1 point)
2 YES Article 7 The right of access to information or classification of the information shall be interpreted under the principles established in the Constitution of the United Mexican States, international treaties to which the Mexican State is a party and this Act. In the enforcement and interpretation of this Act shall prevail the principle of maximum disclosure, as provided in the Constitution of the United Mexican States, in international treaties to which the Mexican State is a party, as well as the binding resolutions and rulings issued by specialized national and international bodies, favoring at all times the broadest protection for people. In the case of interpretation, the criteria, findings and opinions of national and international organizations on transparency may be taken into account.\"\" \"\"\"Article 2. The purposes of this Act are: I. Distribute powers between the Guarantor Agencies of the Federation and the Federal States, regarding transparency and access to information; II. Set the minimum basis governing the procedures in order to ensure the right of access to information; III. Establish consistent procedures and conditions in the exercise of the right of access to information through simple and expeditious procedures; IV. Govern the legal remedies and procedures for bringing actions of unconstitutionality and constitutional controversies by the Guarantor Agencies; V. Lay the foundations and public interest information to be disseminated proactively; VI. Regulate the organization and functioning of the National Transparency System, Access to Information and Protection of Personal Data, and establish the foundations of coordination among its members; VII. Promote, encourage and disseminate the culture of transparency in the exercise of public functions, access to information, public participation and accountability, through the establishment of public policies and mechanisms that ensure the publication of information that is timely, verifiable, understandable, current and complete, which is distributed in the most appropriate and accessible formats to the public and considering at all times the social, economic and cultural conditions of each region; VIII. Promote citizen participation in public decision-making in order to contribute to the consolidation of democracy, and IX. Establish mechanisms to ensure compliance and effective implementation of enforcement measures and relevant penalties.




Scope

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4 Everyone (including non-citizens and legal entities) has the right to file requests for information.Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. 2 YES \"Article 4. The human right of access to information includes requesting, researching, disseminating, seeking and receiving information. All the information generated, obtained, acquired, processed or held by the regulated entities is public and accessible to anyone under the terms and conditions set forth in this Act, in international treaties to which the Mexican State is a party, the Federal Act, the laws of the States and the regulations applicable in their respective jurisdictions; only exceptionally it may be classi ed as temporarily restricted for reasons of public interest and national security, in the terms provided by this Act. Article 10. It is the obligation of the Guarantor Agencies to grant the necessary measures to ensure access to information for all people on an equal basis with others. Any discrimination that undermines or annuls the transparency or the access to public information held by the regulated entities is prohibited. Article 12. All public information generated, obtained, acquired, processed or held by the regulated entities is public and will be accessible to anyone, for which reason all the means, actions and efforts available on the terms and conditions established by this Act, the Federal Act and those corresponding to the States, as well as other applicable rules should be enabled. Article 15. Everyone has the right of access to information without discrimination on any grounds. Article 121. Transparency Units of the regulated entities shall ensure the measures and accessibility so that every person may enforce the right of access to information through information requests, and shall assist the applicant in the preparation thereof, in accordance with the bases established in this Title. Article 122. Any person by himself or through his representative may request access to information with the Transparency Unit, through the National Platform, at the office or offices designated for this purpose, via email, mail, courier, telegraph, verbally or by any means approved by the National System.\"
5 The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it.Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions.4 YES Article 3.VII: Documento: Records, reports, studies, minutes, resolutions, o cial letters, correspondence, agreements, directives, guidelines, circulars, contracts, agreements, instructions, notes, memoranda, statistics or any other record that documents the exercise of the powers, functions and competences of the regulated entities, Public Servants and members, regardless of their source or date of production. Documents may be in any media, whether written, printed, audio, visual, electronic, computer or holographic; Article 12. All public information generated, obtained, acquired, processed or held by the regulated entities is public and will be accessible to anyone, for which reason all the means, actions and e orts available on the terms and conditions established by this Act, the Federal Act and those corresponding to the States, as well as other applicable rules should be enabled.
6 Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents).Score 1 point for only documents, 1 point for information2 YES \"Article 19: It is presumed that the information should exist if it refers to the powers, functions and duties that the legal systems applicable award to regulated entities. In cases where certain powers, functions or duties have not been exercised, the answer should be encouraged in terms of the causes that motivate the absence. Article 44. Each Transparency Committee shall have the following functions: (…) III. Order, where appropriate, the relevant Areas to generate the information that derived from its powers, functions and duties must be in their possession or subject to proof of the impossibility of its generation, expose, duly grounded, the reasons for which, in the particular case, they not exercised these powers, duties or functions; (…)”. Article 138. When the information is not in the archives of the regulated entity, the Transparency Committee shall: “(…) III. Order, whenever practically possible, that the information is generated or restored if it had to exist, to the extent it derived from the exercise of its powers, duties or functions, or that, prior proof of the impossibility of its generation, provides the reasons duly grounded for which in such particular case it did not exercise those powers, duties or functions, to be notified to the applicant through the Transparency Unit (…)”. \"
7 The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and adminsitration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above.Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc).8 YES Article 23. The regulated entities who are obliged to make transparent and ensure effective access to their information and protect personal data held thereby are: any authority, entity, body or agency of the Legislative, Executive and Judicial branches, autonomous bodies, political parties, trusts and public funds, as well as any individual, legal entity or union who receives and uses public resources or performs acts of authority of the Federation, the States and the municipalities.
8 The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government4 YES Article 23. The regulated entities who are obliged to make transparent and ensure effective access to their information and protect personal data held thereby are: any authority, entity, body or agency of the Legislative, Executive and Judicial branches, autonomous bodies, political parties, trusts and public funds, as well as any individual, legal entity or union who receives and uses public resources or performs acts of authority of the Federation, the States and the municipalities.
9 The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government4 YES Article 23. The regulated entities who are obliged to make transparent and ensure effective access to their information and protect personal data held thereby are: any authority, entity, body or agency of the Legislative, Executive and Judicial branches, autonomous bodies, political parties, trusts and public funds, as well as any individual, legal entity or union who receives and uses public resources or performs acts of authority of the Federation, the States and the municipalities.
10 The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). Score 1 point if some, 2 points if all2 YES Article 23. The regulated entities who are obliged to make transparent and ensure effective access to their information and protect personal data held thereby are: any authority, entity, body or agency of the Legislative, Executive and Judicial branches, autonomous bodies, political parties, trusts and public funds, as well as any individual, legal entity or union who receives and uses public resources or performs acts of authority of the Federation, the States and the municipalities.
11 The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). Score 1 point if some bodies, 2 points if all2 YES Article 23. The regulated entities who are obliged to make transparent and ensure effective access to their information and protect personal data held thereby are: any authority, entity, body or agency of the Legislative, Executive and Judicial branches, autonomous bodies, political parties, trusts and public funds, as well as any individual, legal entity or union who receives and uses public resources or performs acts of authority of the Federation, the States and the municipalities.
12 The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. 1 point for public functions, 1 point for public funding 2 YES Article 23. The regulated entities who are obliged to make transparent and ensure effective access to their information and protect personal data held thereby are: any authority, entity, body or agency of the Legislative, Executive and Judicial branches, autonomous bodies, political parties, trusts and public funds, as well as any individual, legal entity or union who receives and uses public resources or performs acts of authority of the Federation, the States and the municipalities.

Requesting Procedures

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13 Requesters are not required to provide reasons for their requests.Y/N answer 0 or 2 points2 YES Article 16. The right of access to information will not be conditional upon the applicant showing any interest or justifying its use, nor it may be conditioned on grounds of disability. Article 124. In order to submit a request, no other requirements may be required than: (I). Name or, if necessary, general data of his/her representative; (II). Address or means for receiving notifications; (III). The description of the requested information; (IV). Any other information that facilitates its search and eventual location, and (V). The preferred mode to be granted the access to information, which may be verbal, provided it is for guidance purposes, by direct consultation, by issuing simple or certified copies or the reproduction through any other means, including electronic. Where appropriate, the applicant shall state the accessible format or the indigenous language in which the information is required according to what is stated in this Act. The information in sections I and IV will be provided by the applicant as an option and, in no case, may be a mandatory prerequisite for the admissibility of the application.
14 Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery).Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc.2 YES Article 12. All public information generated, obtained, acquired, processed or held by the regulated entities is public and will be accessible to anyone, for which reason all the means, actions and efforts available on the terms and conditions established by this Act, the Federal Act and those corresponding to the States, as well as other applicable rules should be enabled. Article 13. In the generation, publication and delivery of information, it should be ensured that it is accessible, reliable, verifiable, truthful, timely, and that it addresses the needs of the right of access to information of every person. The regulated entities shall seek, at all times, that the information generated has a simple language for everybody and shall endeavor, as far as possible, its accessibility and translation into indigenous languages. Article 15. Everyone has the right of access to information without discrimination on any grounds. Article 16. The right of access to information will not be conditional upon the applicant showing any interest or justifying its use, nor it may be conditioned on grounds of disability. Article 17. The right of access to information is free and only a charge may be required based on the reproduction and delivery mode requested. In no case the Reasonable Adjustments to be made for access to the information of applicants with disabilities, will be at a cost to them.\"\" Article 124. In order to submit a request, no other requirements may be required than: (I). Name or, if necessary, general data of his/her representative; (II). Address or means for receiving notifications; (III). The description of the requested information; (IV). Any other information that facilitates its search and eventual location, and (V). The preferred mode to be granted the access to information, which may be verbal, provided it is for guidance purposes, by direct consultation, by issuing simple or certified copies or the reproduction through any other means, including electronic. Where appropriate, the applicant shall state the accessible format or the indigenous language in which the information is required according to what is stated in this Act. The information in sections I and IV will be provided by the applicant as an option and, in no case, may be a mandatory prerequisite for the admissibility of the application.
15 There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law.Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. 2 YES Article 21. All proceedings concerning the right of access to information must be substantiated in a simple and expeditious manner, in accordance with the rules of this Act. Article 122. Any person by himself or through his representative may request access to information with the Transparency Unit, through the National Platform, at the office or offices designated for this purpose, via email, mail, courier, telegraph, verbally or by any means approved by the National System.
16 Public officials are required provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. Score 1 point for help in formulation and 1 point for clarification procedures2 YES Article 121. Transparency Units of the regulated entities shall ensure the measures and accessibility so that every person may enforce the right of access to information through information requests, and shall assist the applicant in the preparation thereof, in accordance with the bases established in this Title. Article 127. Exceptionally, when grounded and motivated, as determined by the regulated entity, in cases where the requested information already in their possession involves analysis, study or processing of Documents which delivery or reproduction exceeds the technical capacity the regulated entity to comply with the request within the time limits for such purposes, direct consultation Documents, except classi ed information, may be made available to the applicant. In any case its simple or certi ed copy shall be provided, as well as the reproduction by any means available in the premises of the regulated entity or, where appropriate, provided by the applicant.
17     Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled.Score Yes=2 point, No=02 YES Article 124. In order to submit a request, no other requirements may be required than: I. Name or, if necessary, general data of his/her representative; II. Address or means for receiving notications; III. The description of the requested information; IV. Any other information that facilitates its search and eventual location, and V. The preferred mode to be granted the access to information, which may be verbal, provided it is for guidance purposes, by direct consultation, by issuing simple or certi ed copies or the reproduction through any other means, including electronic. Where appropriate, the applicant shall state the accessible format or the indigenous language in which the information is required according to what is stated in this Act. The information in sections I and IV will be provided by the applicant as an option and, in no case, may be a mandatory prerequisite for the admissibility of the application.
18 Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working daysScore 1 point for receipt, 1 point for max 5 working days2 YES Access to Information Regulation 66: In all cases, the authority will provide a receipt which includes a clear indication of the date of presentation [translated by CLD]
19 Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held.Score: 1 point for information not held, 1 for referrals or 2 for transfers2 Partially \"Article 136. When Transparency Units determine the gross incompetence by the regulated entities within the scope of their powers, to meet the demand for access to information, they shall inform the applicant, within three days of receipt of the request and in case of being able to determine it, indicate the applicant which are the competent entities. If the regulated entities are competent to partially meet the demand for access to information, they should answer with regard to such part. Regarding the information on which it is incompetent, it will proceed as noted in the previous paragraph.\"
20 Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record).Score: 2 points for Yes, only 1 point if some limitations2 YES Article 124. In order to submit a request, no other requirements may be required than: V. The preferred mode to be granted the access to information, which may be verbal, provided it is for guidance purposes, by direct consultation, by issuing simple or certi ed copies or the reproduction through any other means, including electronic. Article 127. Exceptionally, when grounded and motivated, as determined by the regulated entity, in cases where the requested information already in their possession involves analysis, study or processing of Documents which delivery or reproduction exceeds the technical capacity the regulated entity to comply with the request within the time limits for such purposes, direct consultation Documents, except classi ed information, may be made available to the applicant. In any case its simple or certi ed copy shall be provided, as well as the reproduction by any means available in the premises of the regulated entity or, where appropriate, provided by the applicant. Article 129. The regulated entities shall grant access to the Documents found in their archives or that are required to document in accordance with its powers, duties or functions in the format in which the applicant states, among those existing formats, according to the physical characteristics information or the place it is located, when possible. In the event that the information requested consists of databases the delivery of it in Open Formats must be favored.
21 Public authorities are required to respond to requests as soon as possible.Score: No=0, Yes=2 points 2 YES Article 132. The response to the request shall be notified to the person concerned in the shortest possible time, not exceeding twenty days, counting from the day following the submission of the request. Exceptionally, the term referred to in the previous paragraph may be extended for ten more days, provided there are reasonable grounds, which must be approved by the Transparency Committee, by issuing a decision to be notified to the applicant before its expiration.
22 There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication).Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less.2 Partially Article 132. The response to the request shall be notified to the person concerned in the shortest possible time, not exceeding twenty days, counting from the day following the submission of the request. Exceptionally, the term referred to in the previous paragraph may be extended for ten more days, provided there are reasonable grounds, which must be approved by the Transparency Committee, by issuing a decision to be notified to the applicant before its expiration.
23 There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension.---2 YES Article 132. The response to the request shall be notified to the person concerned in the shortest possible time, not exceeding twenty days, counting from the day following the submission of the request. Exceptionally, the term referred to in the previous paragraph may be extended for ten more days, provided there are reasonable grounds, which must be approved by the Transparency Committee, by issuing a decision to be notified to the applicant before its expiration.
24 It is free to file requests.Score: No=0, Yes=2 points2 YES Article 17. The right of access to information is free and only a charge may be required based on the reproduction and delivery mode requested. In no case the Reasonable Adjustments to be made for access to the information of applicants with disabilities, will be at a cost to them.
25 There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and a certain initial number of pages (at least 20) are provided for free. Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional2 YES Article 141. Should any cost to get the information exist, it will be paid in advance to delivery and may not exceed the sum of: I. The cost of the materials used in reproducing the information; II. The shipping cost, if any; III. Payment for the certification of Documents, as appropriate. Fees of dues should be established in the Federal Duties Act, which will be published on the websites of the regulated entities. In their determination, they must consider that the amounts allow or facilitate the exercise of the right of access to information, it will also establish the obligation to set a single and exclusive bank account for the applicant to make full payment of the cost of the information requested. The regulated entities to whom the Federal Duties Act does not apply shall establish fees that should not be higher than those provided for in the Act. The information shall be provided without cost, if it involves the delivery of no more than twenty simple sheets. Transparency Units may exempt payment of reproduction and mailing in addressing the socio-economic circumstances of the applicant.
26   There are fee waivers for impecunious requesters ---2 YES Article 141. Should any cost to get the information exist, it will be paid in advance to delivery and may not exceed the sum of: I. The cost of the materials used in reproducing the information; II. The shipping cost, if any; III. Payment for the certification of Documents, as appropriate. Fees of dues should be established in the Federal Duties Act, which will be published on the websites of the regulated entities. In their determination, they must consider that the amounts allow or facilitate the exercise of the right of access to information, it will also establish the obligation to set a single and exclusive bank account for the applicant to make full payment of the cost of the information requested. The regulated entities to whom the Federal Duties Act does not apply shall establish fees that should not be higher than those provided for in the Act. The information shall be provided without cost, if it involves the delivery of no more than twenty simple sheets. Transparency Units may exempt payment of reproduction and mailing in addressing the socio-economic circumstances of the applicant.
27 There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. Score: No=0, Yes=2 points2 YES Article 3. (VI). Open Data: Digital public data that are available online and can be used, reused and redistributed by anyone interested and which have the following features: c) Free: Can be obtained without any consideration in exchange; j) Free use: They cite the source as the only requirement to be used freely; Article 17. The right of access to information is free and only a charge may be required based on the reproduction and delivery mode requested.In no case the Reasonable Adjustments to be made for access to the information of applicants with disabilities, will be at a cost to them.


Exceptions

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28 The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict.Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. 4 YES Article 100. Classification is the process by means of which the regulated entity determines that the information in its possession updates any of the assumptions of secrecy or confidentiality, in accordance with the provisions of this Title. The assumptions of secrecy or confidentiality laid down in the laws should be consistent with the bases, principles and provisions established in this Act and in no case they may contravene it. The heads of the Areas of the regulated entities will be responsible for classifying the information in accordance with the provisions of this Act, the Federal Act and that of the States.” “Article 113. The information may be classified as privileged if its publication: (…) XIII. Which, by express provision of a law, have such character, provided they are consistent with the bases, principles and provisions laid down in this Act and not contravene it; as well as those provided for in international treaties.
29 The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. It is also permissible to refer requesters to information which is already publicly available, for example online or in published form.Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed10 Partially Article 116. It is considered confidential information that which contains personal data relating to an identified or identifiable person. Confidential information will not be subject to any time frame and may only be accessed by holders thereof, their representatives and Public Servants entitled thereto. It is considered as confidential information: banking, trust, industrial, commercial, tax, securities and mail secrets, whose ownership corresponds to individuals, subjects of international law or regulated entities when it does not involve the use of public resources. Likewise, it will be considered as confidential information that which individuals submit to regulated entities, provided that they are entitled to it, in accordance with the law or international treaties.
30 A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. Score 4 points and then deduct 1 point for each exception which is not subject to the harm test 4 YES Article 103. In cases where access to information is denied for any of the cases regarding classification, the Transparency Committee shall confirm, modify or revoke the decision. In order to motivate the classification of the information and extension of the confidentiality period, the reasons, grounds or special circumstances leading the regulated entity to conclude that the particular case fits the assumption provided by the statute invoked as grounds must be stated. In addition, the regulated entity shall, at all times, apply a harm test. In the case of the information that updates the classification assumptions, the term it is subject to confidentiality must be stated. Article 104. In applying the harm test, the regulated entity must justify that: I. The disclosure of the information represents a real, demonstrable and identi able risk of signi cant harm to the public interest or national security; 
 II. The harm risk that the disclosure would mean exceeds the public interest of being disseminated, and 
 III. The limitation is consistent with the principle of proportionality and is the least restrictive means available to avoid harm. 
 Article 114. The reasons for secrecy provided for in the preceding article shall be grounded, through the application of the harm test referred to in this Title.
31 There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity.Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory.4 Partially Article 115. The privileged character may not be invoked when: I. It relates to serious human rights violations or crimes against humanity, or II. It is information related to corruption in accordance with applicable law.” “Article 149. The Guarantor Agency, in resolving the motion for review should apply a public interest test elements based on suitability, necessity and proportionality, when there is a collision of rights. For these purposes, the following definitions apply: I. Suitability: The legitimacy of the law adopted as the preferred, which is suitable for achieving a constitutionally valid purpose or suitable to achieve the intended purpose; II. Need: The lack of a less detrimental alternative means to the openness of information to satisfy the public interest, and III. Proportionality: The balance of harm and benefit to the public interest, so that the decision made represents a bigger benefit than the damage it could cause to the population. Exceptions may not apply in cases of human rights violations or corruption, and general public interest test is applied by the oversight bodies, but not in processing the original requests.
32 Information must be released as soon as an exception ceases to apply (for example, for after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old.Score 1 point for each2 YES Article 4. The human right of access to information includes requesting, researching, disseminating, seeking and receiving information. All the information generated, obtained, acquired, processed or held by the regulated entities is public and accessible to anyone under the terms and conditions set forth in this Act, in international treaties to which the Mexican State is a party, the Federal Act, the laws of the States and the regulations applicable in their respective jurisdictions; only exceptionally it may be classified as temporarily restricted for reasons of public interest and national security, in the terms provided by this Act. \"\"Article 101. Documents classified as privileged will be public when: (I). The causes that gave rise to their classification expire; (II). The term for classification expires; (III). There is resolution of a competent authority determining that there is a cause of public interest that prevails over the confidentiality of the information, or (IV). The Transparency Committee considers appropriate to declassify it in accordance with the provisions of this Title. Information classified as privileged, under Article 113 of this Act, may remain as such up to a period of five years. The confidentiality period shall run from the date on which the document is classified. Exceptionally, regulated entities, with the approval of the Transparency Committee, may extend the confidentiality period up to one additional five-year period, provided they justify the causes that gave rise to its classification remain, by applying a harm test.\"\" Article 101: For the cases provided by section II, in the case of information which disclosure would cause the destruction or disabling of strategic infrastructure for the provision of public goods or services, or refers to the circumstances described in section IV of Article 113 of this Act and that, in the opinion of a regulated entity, it is necessary to extend the con dentiality period of the information again; the respective Transparency Committee shall submit the relevant request to the competent Guarantor Agency, duly grounded and motivated, applying the harm test and noting the con dentiality period, with at least three months prior to the expiration of said period. Article 101 includes a provision allowing for longer classifications, but only for a relatively restricted subset of information, and subject to review by the Transparency Committee and the Guarantor Agency.
33 Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information.Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals.2 YES Article 120. For regulated entities to allow access to confidential information they need to obtain the consent of the holders of that information. The consent of the holder of the confidential information shall not be required when: I. The information is contained in public records or publicly available sources; II. It is public by law; III. There is a court order; IV. For reasons of national security and general health, or to protect the rights of third parties, its publication is required, or V. When it is shared between regulated entities and between them and the subjects of international law, in terms of the treaties and interagency agreements, provided the information is used to exercise the powers of those subjects. For purposes of section IV of this article, the Guarantor Agency must apply the public interest test. In addition, it must substantiate a clear connection between the confidential information and a subject of public interest, and the proportionality between the invasion of privacy caused by the disclosure of the con dential information and the public interest of the information. Article 150: The Guarantor Agencies will resolve the motion for review according to the following: III. Within the period referred to in Section II of this Article, the parties may o er all types of evidence or arguments except the confessional by the regulated entities and those that are contrary to law; IV. The Commissioner speaker may decide to hold hearings with the parties during the substantiation of the motion for review; VII. Once the closing order is decreed, the Record will go to resolution, within a period not exceeding twenty days.
34 There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted2 YES Article 107. Documents that are partially or wholly classified shall bear a legend indicating that status, the date of classification, the legal basis and, where appropriate, the confidentiality period. Article 106. The classification of information will take place at the time that: (I). A request of access to information is received; (II). It is determined by decision of the competent authority, or (III). Public versions are generated to comply with transparency obligations under this Act. Article 108. Regulated entities may not issue general or particular agreements that classify documents or information as confidential. The classification may be established in whole or in part according to the content of the Document information and should be consistent with the updating of the assumptions set out in this Title as classified information. In no case may Documents be classified before the information is generated. The classification of privileged information shall be based on a case-by-case basis, by applying the harm test. Article 109. The general guidelines issued by the National System regarding the classification of privileged and confidential information and for making public versions will be mandatory for the regulated entities Article 111. When a Document contains privileged or confidential parts or sections, regulated entities for purposes of meeting a request for information shall prepare a Public Version in which the parties or sections classified are crossed out, indicating their content in a generic way and providing the grounds for such classification. Article 112. The information contained in the transparency obligations cannot be omitted in the public versions.
35 When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures.Score Y/N: 1 point for a and 1 point for b2 YES Article 20. In case of refusal of access to information or the lack thereof, the obligor must demonstrate that the requested information is include in one of the exceptions contained in this Act or, where appropriate, demonstrate that the information does not refer to any of its powers, duties or functions.\"\" Article 103. In cases where access to information is denied for any of the cases regarding classification, the Transparency Committee shall confirm, modify or revoke the decision. In order to motivate the classification of the information and extension of the confidentiality period, the reasons, grounds or special circumstances leading the regulated entity to conclude that the particular case fits the assumption provided by the statute invoked as grounds must be stated. In addition, the regulated entity shall, at all times, apply a harm test. In the case of the information that updates the classification assumptions, the term it is subject to confidentiality must be stated. Article 104. In applying the harm test, the regulated entity must justify that: (I). The disclosure of the information represents a real, demonstrable and identifiable risk of significant harm to the public interest or national security; (II). The harm risk that the disclosure would mean exceeds the public interest of being disseminated, and (III). The limitation is consistent with the principle of proportionality and is the least restrictive means available to avoid harm. Article 105. The regulated entities shall apply, in a restrictive and limited way, the exceptions to the right of access to information under this Title and must prove their suitability.


Appeals

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36 The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less).Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals.2 NO
37 Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). 1 for partial, 2 for yes2 YES Article 159. In the case of resolutions to the motions for review of Guarantor Agencies of the States, individuals may choose to resort to the Institute or to the Judicial Branch of the Federation.
38 The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so they are protected against arbitrary dismissal (procedurally/substantively) once appointed.Score: 1 point for appointment procedure, 1 point for security of tenure2 YES Constitutions Art. 6 A VIII: El organismo garante se integra por siete comisionados. Para su nombramiento, la Cámara de Senadores, previa realización de una amplia consulta a la sociedad, a propuesta de los grupos parlamentarios, con el voto de las dos terceras partes de los miembros presentes, nombrará al comisionado que deba cubrir la vacante, siguiendo el proceso establecido en la ley. El nombramiento podrá ser objetado por el Presidente de la República en un plazo de diez días hábiles. Si el Presidente de la República no objetara el nombramiento dentro de dicho plazo, ocupará el cargo de comisionado la persona nombrada por el Senado de la República. En caso de que el Presidente de la República objetara el nombramiento, la Cámara de Senadores nombrará una nueva propuesta, en los términos del párrafo anterior, pero con una votación de las tres quintas partes de los miembros presentes. Si este segundo nombramiento fuera objetado, la Cámara de Senadores, en los términos del párrafo anterior, con la votación de las tres quintas partes de los miembros presentes, designará al comisionado que ocupará la vacante. Los comisionados durarán en su encargo siete años y deberán cumplir con los requisitos previstos en las fracciones I, II, IV, V y VI del artículo 95 de esta Constitución, no podrán tener otro empleo, cargo o comisión, con excepción de los no remunerados en instituciones docentes, científicas o de beneficencia, sólo podrán ser removidos de su cargo en los términos del Título Cuarto de esta Constitución y serán sujetos de juicio político. En la conformación del organismo garante se procurará la equidad de género. El comisionado presidente será designado por los propios comisionados, mediante voto secreto, por un periodo de tres años, con posibilidad de ser reelecto por un periodo igual; estará obligado a rendir un informe anual ante el Senado, en la fecha y en los términos que disponga la ley. El organismo garante tendrá un Consejo Consultivo, integrado por diez consejeros, que serán elegidos por el voto de las dos terceras partes de los miembros presentes de la Cámara de Senadores. La ley determinará los procedimientos a seguir para la presentación de las propuestas por la propia Cámara. Anualmente serán sustituidos los dos consejeros de mayor antigüedad en el cargo, salvo que fuesen propuestos y ratificados para un segundo periodo. La ley establecerá las medidas de apremio que podrá imponer el organismo garante para asegurar el cumplimiento de sus decisiones. Toda autoridad y servidor público estará obligado a coadyuvar con el organismo garante y sus integrantes para el buen desempeño de sus funciones. El organismo garante coordinará sus acciones con la entidad de fiscalización superior de la Federación, con la entidad especializada en materia de archivos y con el organismo encargado de regular la captación, procesamiento y publicación de la información estadística y geográfica, así como con los organismos garantes de los estados y el Distrito Federal, con el objeto de fortalecer la rendición de cuentas del Estado Mexicano. For appointment, the Senate, after consulting with civil society, on a proposal by the parliamentary groups, will appoint commissioners on a vote requiring the approval of two thirds of the members present. The President has the power to challenge the vote within 10 working days. This is broadly in line with international standards. Removal requires impeachment under Title Four of the constitution.
39 The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence.Score 1 point for reports to parliament, 1 point for budget approved by parliament2 YES Constitutions Art. 6 A VIII: El organismo garante se integra por siete comisionados. Para su nombramiento, la Cámara de Senadores, previa realización de una amplia consulta a la sociedad, a propuesta de los grupos parlamentarios, con el voto de las dos terceras partes de los miembros presentes, nombrará al comisionado que deba cubrir la vacante, siguiendo el proceso establecido en la ley. El nombramiento podrá ser objetado por el Presidente de la República en un plazo de diez días hábiles. Si el Presidente de la República no objetara el nombramiento dentro de dicho plazo, ocupará el cargo de comisionado la persona nombrada por el Senado de la República. En caso de que el Presidente de la República objetara el nombramiento, la Cámara de Senadores nombrará una nueva propuesta, en los términos del párrafo anterior, pero con una votación de las tres quintas partes de los miembros presentes. Si este segundo nombramiento fuera objetado, la Cámara de Senadores, en los términos del párrafo anterior, con la votación de las tres quintas partes de los miembros presentes, designará al comisionado que ocupará la vacante. Los comisionados durarán en su encargo siete años y deberán cumplir con los requisitos previstos en las fracciones I, II, IV, V y VI del artículo 95 de esta Constitución, no podrán tener otro empleo, cargo o comisión, con excepción de los no remunerados en instituciones docentes, científicas o de beneficencia, sólo podrán ser removidos de su cargo en los términos del Título Cuarto de esta Constitución y serán sujetos de juicio político. En la conformación del organismo garante se procurará la equidad de género. El comisionado presidente será designado por los propios comisionados, mediante voto secreto, por un periodo de tres años, con posibilidad de ser reelecto por un periodo igual; estará obligado a rendir un informe anual ante el Senado, en la fecha y en los términos que disponga la ley. El organismo garante tendrá un Consejo Consultivo, integrado por diez consejeros, que serán elegidos por el voto de las dos terceras partes de los miembros presentes de la Cámara de Senadores. La ley determinará los procedimientos a seguir para la presentación de las propuestas por la propia Cámara. Anualmente serán sustituidos los dos consejeros de mayor antigüedad en el cargo, salvo que fuesen propuestos y ratificados para un segundo periodo. La ley establecerá las medidas de apremio que podrá imponer el organismo garante para asegurar el cumplimiento de sus decisiones. Toda autoridad y servidor público estará obligado a coadyuvar con el organismo garante y sus integrantes para el buen desempeño de sus funciones. El organismo garante coordinará sus acciones con la entidad de fiscalización superior de la Federación, con la entidad especializada en materia de archivos y con el organismo encargado de regular la captación, procesamiento y publicación de la información estadística y geográfica, así como con los organismos garantes de los estados y el Distrito Federal, con el objeto de fortalecer la rendición de cuentas del Estado Mexicano. The body reports to the Senate, and has budgetary independence.
40 There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise.Score 1 point for not politically connected, 1 point for professional expertise2 Partially Article 38. The Congress of the Union, the Congresses of the States and the Federal District Legislative Assembly, in order to ensure a collegiate and autonomous integration of the Guarantor Agencies, shall provide in its composition an odd number and its members will be referred to as Commissioners. They shall, at its conformation, favor the experience in access to public information and protection of personal data, and ensure gender equality. The term of office will not exceed seven years and will be conducted in a phased manner to ensure the principle of autonomy.In procedures for the selection of Commissioners transparency, independence and participation of the society should be ensured. Although Article 38 mentions independence, the law does not actually include safeguards against politically connected appointees.
41 The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies.Score 1 point for reviewing classified documents, 1 point for inspection powers2 Partially Article 147. At all times, the Commissioners should have access to classified information to determine its nature as required. Access will be granted in accordance with the standards previously set by regulated entities to guard or safeguard information.
42 The decisions of the independent oversight body are binding. Score N=0, Y=2 points2 YES Article 157. The resolutions of the Guarantor Agency are binding, final and unassailable for regulated entities. Only the Legal Advisor of the Government may file a motion for review before the Supreme Court of Justice, under the terms laid down in Chapter IV entitled “Motion for Review on National Security,” in this Title, only in the case that such decisions may put national security at risk. Article 158. Individuals may challenge the decisions or resolutions of the Guarantor Agencies before the Judicial Branch of the Federation.
43 In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. 1 for partial, 2 for fully2 YES Article 41.The Institute, in addition to that stated in the Federal Act and the following article, shall have the following powers: (III). Hear and resolve the appeals for reconsideration brought by individuals, against the resolutions issued by the Guarantor Agencies of the States that determine the reserve, confidentiality, lack or refusal of information in terms of the provisions of Chapter II, Title VIII of this Act Article 101. Documents classified as privileged will be public when: (IV). The Transparency Committee considers appropriate to declassify it in accordance with the provisions of this Title. Article 103. In cases where access to information is denied for any of the cases regarding classification, the Transparency Committee shall confirm, modify or revoke the decision.
44 Requesters have the right to lodge a judicial appeal.1 for partially, 2 for fully.2 YES Article 158. Individuals may challenge the decisions or resolutions of the Guarantor Agencies before the Judicial Branch of the Federation. Article 180. The resolution of the Institute shall be final and unappealable for the Guarantor Agency and the regulated entity in question. Individuals may challenge the decisions or resolutions of the Institute before the Judicial Branch of the Federation
45 Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance.1 for free, 1 for no lawyer required. 2 YES Article 146. The Guarantor Agency will decide the motion for review within a period not exceeding forty days, from the date of admission of the same, in the terms established in the respective law, which period may be extended only once for a period and up twenty days. During the procedure, the amendment of the complaint will apply in favor of the appellant, without changing the facts, making sure that the parties may submit oral or written arguments, which duly ground their claims.
46 The grounds for appeal to the oversight body (where applicable, or to the judiciary if no such body exists) are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.).Score 1 point for appealing refusals, additional points for appealing other violations.4 YES Article 143. The motion for review will proceed against: (I). Classification of the information; (II). The statement of inexistent information; (III). The statement of incompetence by the regulated entity; (IV). The delivery of incomplete information; (V). The delivery of information that does not match the request; (VI). The lack of response to a request for access to information within the time limits established by law; Article 160. An appeal for reconsideration is admissible against the resolutions issued by the Guarantor Agencies of the States that: I. Confirm or modify the classification of the information, or II. Confirm the absence or refusal of information. It is construed as denial of access to information the lack of resolution of the Guarantor Agencies of the States within the specified time frame.
47 Clear procedures, including timelines, are in place for dealing with external appeals (oversight/judicial).Score 1 point for clear procedures, 1 point for timelines. 2 YES Article 159. In the case of resolutions to the motions for review of Guarantor Agencies of the States, individuals may choose to resort to the Institute or to the Judicial Branch of the Federation. Article 160. An appeal for reconsideration is admissible against the resolutions issued by the Guarantor Agencies of the States that: I. Confirm or modify the classification of the information, or II. Confirm the absence or refusal of information. It is construed as denial of access to information the lack of resolution of the Guarantor Agencies of the States within the specified time frame. Article 161. The appeal for reconsideration must be submitted within fifteen days after the notice of the resolution is known or that the term for it to be issued has elapsed, through the electronic system to be established by the Institute or in writing, to the Institute or the Guarantor Agency having issued the resolution. In the event of an appeal for reconsideration in writing to the Guarantor Agency of the State, it shall so inform the Institute on the day following its receipt, accompanied by the contested decision, through the National Platform. Regardless of the means by which the appeal for reconsideration is brought, the corresponding Record must be in the National Platform.\"\" Article 165. The Institute will solve the appeal for reconsideration within a period not exceeding thirty days, which may be extended only once and for a similar period.
48 In the appeal process (oversight/judicial/) the government bears the burden of demonstrating that it did not operate in breach of the rules.Score Y/N and award 2 points for yes. 2 YES Article 105. The regulated entities shall apply, in a restrictive and limited way, the exceptions to the right of access to information under this Title and must prove their suitability. The burden of the proof in justifying any denial of access to information, due to the updating any of the confidentiality assumptions, will correspond to the regulated entities.
49 The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better record management)1 for partial, 2 for fully. 2 YES Article 31. The National System has the following functions: (…) IV. Set the criteria for the publication of the indicators that allow regulated entities to be accountable for meeting their objectives and results; (…) V. Assist in the development, promotion and dissemination among the regulated entities of the criteria for the systematization and conservation of files that allow public information to be efficiently located in accordance with the regulations on the subject matter; (…) VII. Establish policies regarding the digitization of public information in possession of the regulated entities and the use of information technologies and the implementation of Reasonable Adjustments, to ensure full access thereto; (…) X. Establish programs of professionalization, updating and training of Public Servants and members of the regulated entities on transparency, access to public information and protection of personal data; (…)”. “Article 41.The Institute, in addition to that stated in the Federal Act and the following article, shall have the following powers: (…) IX. Sign cooperation agreements with Guarantor Agencies of the States or regulated entities, in order to monitor compliance with this Act and promote best practices in the field; (…).” Article 42. Guarantor Agencies will have, within its jurisdiction, the following powers: (…) VII. Train Public Servants and provide technical support to the regulated entities on transparency and access to information; (…)Sign agreements with regulated entities that promote the publication of information within the framework of proactive transparency policies; (…) XXI. XXI. Guarantor Agencies may make recommendations to the regulated entities to design, implement and evaluate open government actions that guide the internal policies in this area, and (…).


Sanctions & Proteccions

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50 Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information.Score 1 point for sanctions for underming right, 1 point for destruction of documents 2 YES Article 206. The Federal Act and those of the States will set forth as penalty causes for breach of its obligations under the terms of this Act, at least the following: I. The lack of response to requests for information within the time speci ed in the applicable regulations; II. Acting with negligence, willful misconduct or bad faith in the substantiation of requests regarding access to information or by not disseminating information concerning the transparency obligations under this Act; III. Not meeting the deadlines under this Act; IV. Using, removing, disclosing, hiding, altering, mutilating, destroying or rendering useless, totally or partially, without legitimate cause, according to a relevant authority, the information in the custody of the regulated entities and their Public Servants or to which they have access or knowledge by reason of their employment, o ce or commission; V. Delivering incomprehensible, incomplete information, in an inaccessible format or a mode of shipment or delivery di erent from the one requested by the user in his request for access to information, responding without proper grounds as established by this Act; VI. Not updating the information corresponding to the transparency obligations within the terms set forth in this Act; VII. Intentionally or negligently declaring the lack of information when the regulated entity should generate it, derived from the exercise of its powers, duties or functions; VIII. Declaring the lack of information when it wholly or partly exists in its archives; IX. Not documenting with intent or negligence, the exercise of its powers, duties, functions or acts of authority in accordance with applicable regulations; X. Performing acts to intimidate those seeking information or inhibit the exercise of the right; XI. Intentionally denying information not classi ed as secret or con dential; XII. Classifying as con dential, intentionally or negligently, the information without it meeting the characteristics indicated in this Act. The penalty shall apply when there is a prior ruling by the Guarantor Agency, which is nal; XIII. Not declassifying information as secret when the reasons that gave rise thereto no longer exist or have expired, when the Guarantor Agency determines that there is a cause of public concern that persists or no extension is requested by the Transparency Committee; XIV. Not meeting the requirements laid down in this Act, issued by the Guarantor Agencies, or XV. Not complying with the resolutions issued by the Guarantor Agencies in the exercise of their functions. The Federal Act and those of the States shall establish the criteria to qualify the penalties, according to the seriousness of the o ense and, where appropriate, the economic conditions of the o ender and recidivism. Likewise, they shall include the type of penalties, procedures and terms for implementation. The penalties of an economic character may not be paid with public funds.
51 There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them).Score 1 point for either remedial action or sanctions, 2 points for both 2 Partially Article 201. Guarantor Agencies, within the scope of their powers, may impose on the Public Servant responsible to comply with the resolution, or members of trade unions, political parties or the individual or company responsible, the following enforcement measures to ensure compliance with its determinations: I. Public admonition, or II. Fine of one hundred fifty to five hundred times the general minimum wage in force in the geographical area concerned. The Federal Act and those of the States shall establish the criteria to qualify the enforcement measures, according to the seriousness of the offense and, where appropriate, the economic conditions of the offender and recidivism. Failure of the regulated entities will be posted on the websites of transparency obligations of Guarantor Agencies and considered in the assessments made thereof. In case the non-compliance of the determinations of Guarantor Agencies involves the alleged commission of a crime or of the conducts outlined in Article 206 of this Act, the respective Guarantor Agency shall report the facts to the competent authority. The enforcement measures of an economic character may not be paid with public funds.” “Article 210. In those cases where the alleged offender has the quality of Public Servant, the Institute or the Guarantor Agency must submit to the competent authority together with the corresponding report, a record in which all the elements that sustain the alleged administrative responsibility are contained. The authority hearing the case shall report the conclusion of the proceedings and, where appropriate, the execution of the penalty to the Institute or the Guarantor Agency, as appropriate.
52 The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law.Score 1 for oversight body, 1 for immunity for others2 NO
53 There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers).Score 2 for strong protections, 1 for moderate protections2 Partially Translation of article 219 of the Federal Criminal Code: The crime of intimidation: (I) The public servant who themselves, or through an intermediary, using physical or moral violence, inhibit or intimidates anyone to avoid it or a third denounce, to make a complaint or provide information on the alleged commission of conduct sanctioned by the Criminal law or by the Federal Accountability Act Public Servants, and (II) The public servant in connection with the complaint or information referred to in the preceding section perform unlawful conduct or omit a lawful due to injures the interests of the people who submit or contribute, or any third party with whom such persons keep any family relationship, business or affective. Whoever commits the offense of intimidation will be imposed two years to nine years in prison, a fine in the amount of thirty to three hundred times the minimum daily wage in the Federal District at the time of the offense, dismissal and disqualification for two years to nine years to perform another job, position or commission.


Promotional measures

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54 Public authorities are required to appoint dedicated officials (information officers) or units with a responsibility for ensuring that they comply with their information disclosure obligations.Score Y/N, Y=2 points2 YES Article 43. Each regulated entity will put together a collegiate Transparency Committee comprising an odd number of members....The Transparency Committee members will have access to information in order to determine its classification, according to the standards previously set by regulated entities to guard or safeguard information. \"\"Article 44. Each Transparency Committee shall have the following functions: (I). Establish, coordinate and supervise, in terms of the applicable provisions, the actions and procedures to ensure greater efficiency in the management of applications on access to information; (II). Confirm, amend or revoke the determinations concerning extension of the deadline to respond, information classification and declaration of absence or incompetence made by the heads of the Areas of the regulated entities; (III). Order, where appropriate, the relevant Areas to generate the information that derived from its powers, functions and duties must be in their possession or subject to proof of the impossibility of its generation, expose, duly grounded, the reasons for which, in the particular case, they not exercised these powers, duties or functions; (IV). Establish policies to facilitate obtaining the information and exercising the right of access to information; (V). Promote training and updating of Public Servants or members appointed to Transparency Units; (VI). Establish training programs on transparency, access to information, data access and protection for all Public Servants or members of the regulated entity; (VII). Collect and send to the Guarantor Agency, in accordance with the guidelines they issue, the data necessary for preparing the annual report (VIII). Request and authorize the extension of the period of confidentiality of information that Article 101 of this Act refers to, and (IX). Any other resulting from other applicable regulations. Article 45. Regulated entities shall appoint the head of the Transparency Unit, who shall have the following functions: (I). Collect and disseminate the information referred to in Chapters II, III, IV and V of Title V of this Act and the corresponding Federal Act and of the States and promote that the Areas periodically update it, as per the applicable regulations; (II). Receive and process applications for access to information (III). Assist individuals in making requests for access to information and, if necessary, direct them to the relevant regulated entities in accordance with applicable regulations; (IV). Perform the internal procedures necessary for serving the requests for access to information; (V). Notify applicants; (VI). Propose the Transparency Committee the internal procedures that ensure greater efficiency in the management of requests for access to information, in accordance with applicable regulations; (VII). Propose the qualified personnel that is necessary to receive and process requests for access to information; (VIII). Keep a record of requests for access to information, answers, results, reproduction and mailing costs; (IX). Promote and implement proactive transparency policies ensuring their accessibility; (X). Promote transparency and accessibility within the regulated entity; (XI). Inform the competent authority of the probable liability for breach of the obligations under this Act and other applicable provisions; and (XII). Any other resulting from other applicable regulations. The regulated entities will promote agreements with specialized public institutions that could assist them to deliver the answers to requests for information, in the indigenous language, braille or any appropriate accessible format, more efficiently.
55 A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. Score Y/N, Y=2 points2 YES Article 31. The National System has the following functions: I. Establish guidelines, instruments, objectives, indicators, targets, strategies, codes of best practices, comprehensive, systematic, continuous and measurable models and policies, designed to meet the objectives of this Act; II. Promote and implement actions to ensure accessibility for vulnerable groups to exercise, on an equal footing, the right of access to information; III. Develop and establish common national programs for the promotion, research, diagnosis and dissemination in matters of transparency, access to information, protection of personal data and open government in the country; IV. Set the criteria for the publication of the indicators that allow regulated entities to be accountable for meeting their objectives and results; V. Assist in the development, promotion and dissemination among the regulated entities of the criteria for the systematization and conservation of files that allow public information to be efficiently located in accordance with the regulations on the subject matter; VI. Establish guidelines for the implementation of the National Platform of Transparency in accordance with the provisions of this Act; VII. Establish policies regarding the digitization of public information in possession of the regulated entities and the use of information technologies and the implementation of Reasonable Adjustments, to ensure full access thereto VIII. Design and implement policies for the generation, updating, organization, classification, publication, dissemination, preservation and accessibility of public information in accordance with applicable regulations; IX. Promote citizen participation through effective mechanisms in the planning, implementation and evaluation of policies in this area; X. Establish programs of professionalization, updating and training of Public Servants and members of the regulated entities on transparency, access to public information and protection of personal data XI. Issue agreements and resolutions for the general operation of the National System; XII. Approve, implement and evaluate the National Program of Transparency and Access to Information; XIII. Promote the exercise of the right of access to public information all over Mexico; XIV. Promote the effective coordination of the bodies that make up the National System and follow up their actions established for this purpose, and XV. Any others arising from this Act.
56 Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. Score Y/N, Y=2 points2 YES Article 42. Guarantor Agencies will have, within its jurisdiction, the following powers: V. Promote and disseminate the right of access to information; VI. Promote a culture of transparency in the education system;
57 A system is in place whereby minimum standards regarding the management of records are set and applied. Score Y/N, Y=2 points2 YES Article 24. In order to fulfill the objectives of this Act, the regulated entities shall comply with the following obligations, as applicable, according to their nature: ...(IV). Establish and keep their file and document management systems, in accordance with applicable regulations;
58 Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. Score Y/N, Y=2 points2 NO There is no disposition related to the publication of a list of public information. However, there is a duty for the regulated entities to disclose a list of classified information.
59 Training programs for officials are required Score Y/N, Y=2 points2 YES Article 24. In order to fulfill the objectives of this Act, the regulated entities shall comply with the following obligations, as applicable, according to their nature: (III). Provide ongoing and specialized training to the staff that is part of the Transparency Committees and Units; Article 31. The National System has the following functions: (X). Establish programs of professionalization, updating and training of Public Servants and members of the regulated entities on transparency, access to public information and protection of personal data; Article 42. Guarantor Agencies will have, within its jurisdiction, the following powers: (VII). Train Public Servants and provide technical support to the regulated entities on transparency and access to information;
60 Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. Score Y/N, Y=2 points2 YES Article 62. Information regarding the transparency obligations should be updated at least every three months, unless this Act or other regulatory provisions establish a different term. The National System will issue the criteria for determining the minimum time the information must remain available and accessible, based on the qualities thereof. The publication of information must indicate the regulated entity responsible for generating it, and the date of the last update.
61 A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. Score Y/N, Y=2 points2 YES Article 36. The National System shall have an Executive Secretary appointed by the Plenary of the Institute and shall have the following powers: (II). Report regularly to the National Council and its President about its activities; (IV). Prepare and publish reports of the National Council... Article 41.The Institute, in addition to that stated in the Federal Act and the following article, shall have the following powers: (X). Prepare and submit an annual report of activities and the overall assessment in terms of access to public information in the country, as well as the exercise of his performance and submit it to the Senate, in the second half of January, and make it public,