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| General Law of Transparency and Access to Public Information | |
|---|---|
| Name | General Law of Transparency and Access to Public Information |
| Enacted | 2015 |
| Jurisdiction | Mexico |
| Status | in force |
General Law of Transparency and Access to Public Information The General Law of Transparency and Access to Public Information is a statutory framework enacted to regulate transparency and access to information across federal, state, and municipal bodies in Mexico. It harmonizes obligations established by the Constitution of Mexico and complements jurisprudence from the Supreme Court of Justice of the Nation and precedents set after the 2014 political reform in Mexico. The law interacts with institutions such as the Institute of Transparency, Access to Information and Personal Data Protection of the Federal District and regional counterparts across Jalisco, Nuevo León, and Chiapas.
The law aims to guarantee the right of access to information recognized in the Political Constitution of the United Mexican States, to promote accountability, citizen participation, and to combat corruption as framed by rulings of the Supreme Court of Justice of the Nation, mandates from the National Anticorruption System, and standards influenced by the Organization of American States and the United Nations. It establishes principles aligned with international instruments such as the Inter-American Convention against Corruption and recommendations from the OECD.
The statute defines duties for a wide range of subjects including federal entities like the Secretariat of the Interior (Mexico), state agencies such as the Fiscalía General de la República, autonomous bodies including the National Electoral Institute, and municipal administrations like the Mexico City Government (2018–2024). Key definitions reference terms used in rulings by the Supreme Court of Justice of the Nation and doctrines from the Inter-American Court of Human Rights concerning access. Concepts such as "public information", "classified information", and "personal data" are delineated with regard to protections found in the Federal Law of Protection of Personal Data Held by Private Parties and decisions by the National Institute for Transparency, Access to Information and Personal Data Protection.
Individuals are empowered to request records from institutions including the Secretariat of Finance and Public Credit, National Institute of Statistics and Geography, and state secretariats like the Secretariat of Health (Mexico). Obligations require proactive disclosure akin to practices promoted by the World Bank and standards in the Access Info Europe model law. The law sets deadlines and formats for responses, reflecting precedents from the Supreme Court of Justice of the Nation and administrative guidelines used by the Federal Electoral Tribunal and the Tribunal Federal de Justicia Administrativa.
Oversight mechanisms involve the National Institute for Transparency, Access to Information and Personal Data Protection as the central authority, regional transparency institutes such as the Institute of Transparency, Access to Public Information, and Protection of Personal Data of the State of Mexico and Municipalities, and specialized bodies like the Comptroller General of the Federation. The law coordinates with investigatory authorities including the Attorney General of Mexico and interfaces with anti-corruption organs like the Secretariat of Public Function, while complying with decisions from the Supreme Court of Justice of the Nation and guidance by the Inter-American Commission on Human Rights.
Procedures prescribe submission channels that mirror digital initiatives by the Federal Telecommunications Institute, paper filings used by the Secretariat of the Navy (Mexico), and online platforms maintained by states such as Jalisco's transparency portal. Appeals processes include administrative reviews before regional transparency institutes and amparos adjudicated by the Supreme Court of Justice of the Nation or federal circuit courts like the First Circuit Court. Timeframes and remedies reference constitutional timelines in the Political Constitution of the United Mexican States and administrative law doctrines as interpreted by the Tribunal Federal de Justicia Administrativa.
Exceptions cover information tied to national security interests of the Secretariat of National Defense (Mexico), ongoing criminal investigations by the Fiscalía General de la República, and personal data protections enforced under the Federal Law of Protection of Personal Data Held by Private Parties. Limitations require proportionality and judicial review, invoking standards from the Supreme Court of Justice of the Nation, oversight by the National Institute for Transparency, Access to Information and Personal Data Protection, and international norms articulated by the Inter-American Court of Human Rights.
Enforcement mechanisms include administrative sanctions imposed by the National Institute for Transparency, Access to Information and Personal Data Protection, corrective measures coordinated with the Comptroller General of the Federation, and criminal referrals to the Fiscalía General de la República where offenses such as obstruction derive from criminal statutes interpreted by the Supreme Court of Justice of the Nation. Remedies available to requesters encompass administrative appeals, injunctions (amparos) in federal courts such as the Collegiate Circuit Courts, and sanctions consistent with precedents from the Tribunal Federal de Justicia Administrativa and international recommendations from the Organization for Economic Co-operation and Development.
Category:Mexican law