Federal Institute of Access to Public Information. México.

Federal Institute of Access to Public Information.

México

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1766-1962 1963-1973 1974-1984 1985-1995 1996-2006

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s67 countries with Transparency Laws

Source: David Banisar, 2006

79% of Transparency Acts have been approved

in the last decade.

Transparency on the International Level67 countries with Transparency Laws

David Banisar, 2006

Green: Countries with a Transparency Law

White: Countries without a Law

Transparency Laws in AmericaYear of approval Country

1966 United States of America

1983 Canada

Year of Approval

Latin America and the Caribbean

(Spanish speaking)

Caribbean

(English speaking)

Executive Decrees

1985 Colombia

1994 Belize

1999 Trinidad y Tobago

2001 Panamá

2002 México Jamaica

2003 Peru Argentina

2004

Ecuador Bolivia

Dominican Republic Antigua y Barbuda

2005 Guatemala

2007 Honduras

Honduras in 2007 became the 67

country in the list of nations with

Transparency Act.

In the Continent there are already 13

countries with approved laws.

The IFAI is the only Institute in Latin

America who resolves

transparency controversies. Normally these

matters are “resolve” at the Judicial power.

How is Mexico different since 2002? The Transparency Law, which is considered Mexico’s

Freedom of Information Act, was approved unanimously in Congress in April 2002, and was implemented one year later in June, 2003.

The Mexican Transparency Law also regulates Data Protection for information in the hands of the public sector.

At present, there is a Data Protection Bill in Congress that would regulate the privacy matter, in the private sector.

The IFAI is the authority that enforces the Transparency Law and is composed of 5 Commissioners that are proposed by the President and approved by the Senate.

Transparency on the International LevelTransparency on the International Level20072007

Source: David Banisar, 2006 IFAI 2007

Hungary (1993) Thailand (1997)

United Kingdom (2005)México (2003)

Slovenia (2006)

Germany (2006)

Green: Countries with Law

Yellow: Countries with a Executive Decree

Purple: Institutes that are responsible for Access to Information and Data Protection

Honduras (2008*)

Federal Institute of Access to Public Information

So, Mexico is currently, the only country in Latin America that has a public Information Institute.

In the national arena, the IFAI is an autonomous institution that settles controversies between citizens and Public Agencies. It works somewhat as an Administrative Disputes’ Court on transparency matters.

The IFAI has the mandate of promoting the right of access to information, and training public servants regarding matters of access to information and protection of personal data.

The Mexican particularity, in a worldwide perspective, is the electronic system (SISI) through which the requests are made. In the first 4 years of the Transparency Act, 95% out of 218,352 have been made through the Internet.

Characteristics of SISI

Concept

The System of Information Requests (SISI) is an Internet-based system regulated by the Institute.

SISI is the only system that the Federal Government uses in order to capture and register all the information requests, including those received by mail or by person.

Characteristics of SISI (2)With SISI you can:

1. Request and receive public information from any government agency.

2. File an appeal before IFAI. (In case you are not satisfied by the government response)

• No oficial ID is requiered.

• Global Access: anyone (you don't have to be Mexican) from any place in the world can place a request and receive the information. (5,262 requests have been place from outside Mexico).

• Public good: all the information requests, including their responses, are public (anyone can have access to them through the system).

Characteristics of SISI (3)

• Multifunctional system:

1. First, the requester registers a basic profile of himself. (it asks for a username and a password).

2. Second, the requester selects one of the 240 federal agencies at which he/she wants to make the request of information.

3. Tracking system: it allows to keep track of the status of all information requests (through a request number).

SISI Web Page

Advantages of SISI (1)

1. Reduces transaction costs: citizens need only a computer with Internet connection to place a request of information.

2. Easy access to the public information: there is no need to go personally to any government agency.

3. Free: most of the information being requested is sent via Internet at no charge. (Unless you need a copy of the document).

4. Habeas Data: it allows to request and correct personal data.

Advantages of SISI (2)

5. All the information contained in the system is a public good, and as such it reduces asymmetries of information.

6. Its an effective monitoring device that supervise the public servants duty according to the Law. (There in no way a request can get lost)

7. SISI is one of the main reasons the number of requests of information has increased systematically since the Law came into force.

8. The respond times is 20 days or affirmativa ficta came into effect.

9. The system is equipped with a search engine with key-word capability (Maybe your request is already responded).

“The transparency law may prove to be the most important step Mexico has taken in its transition

to democracy since the 2000 election”.

- Human Rights Watch, 2006

“We are particularly impressed by IFAI, the autonomous agency which gives ordinary

citizens access to public information…. We would like to congratulate Mexico on these initiatives and applaud the strength of civil society in pushing for this kind of increased

transparency”.

World Bank, 2006

Transparency and Written Press

Art. 7º. Transparency Obligations Administrative Structure Directory of Public Servants Monthly Wages Administrative Unit’s Objectives

and Goals Administrative Unit’s Tasks Services Proceedings, Requirements and

Formats Assigned Budget

Liaison Unit Address Budget Auditing Results Social Subsidies Programs Concessions, permits and

authorizations Hiring Processes Legal Framework Reports Citizen Participation Mechanisms Useful information

http://portaltransparencia.gob.mx/pot/

The Right of Access to Information

218,352 information requests in 49 months*

Represents more than 148 requests per day

* From June 12, 2003 to June 15, 2007

www.sisi.org.mx

•The SISI represents our logo, a crystal clear box, were requests, responds and appeals are open to the public.

•We are aiming our efforts to establish new transparency standards.

“Sunlight is said to be the best of disinfectants”. Louis Brandeis.

ACCUMULATED NUMBER OF INFORMATION REQUESTS

June 15, 2007

4,768

8,945

13,482

16,698

19,768

22,63324,097

4,918

8,135

11,196

14,136

17,254

20,643

24,650

28,385

31,916

35,47737,732

15,032

19,366

24,502

29,741

33,998

39,087

45,066

51,377

60,213

46,183

2,027

50,127

18,487

14,404

10,686

6,827

3,128

42,453

47,333

22,640

26,700

32,340

37,331

4,560

56,421

9,213

42,313

33,408

26,480

9,423

17,703

0

10,000

20,000

30,000

40,000

50,000

60,000

70,000

January February March April May June July August September October November December

2003 2004 2005 2006 2007

218,352 requests made to 240 Federal Government Agencies

ACCUMULATED NUMBER OF APPEALS RECEIVED BY THE IFAI

17100

169

314

460563

635

1,240

1,561

1,819

2,081

2,442

2,639

853

1,074

1,448

1,807

2,045

2,320

2,605

2,983

3,4093,533

2,265

1,4311,344

1,1941,066

900

726589

453333

243

11944

651

483

280

123

829

982

236

529

2,010

1,558

1,236

384

785

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

January February March April May June July August September October November December

2003 2004 2005 2006 2007

2.6%

3.8%

5.3%

5.9%

Total number of appeals from June, 2003 to June 15, 2007:

10,503

4.81% out of 218,352 requests

The IFAI’s inner workings

The process starts with the citizen acting as a petitioner, requesting information from a Federal Agency. When the procedure begins, the petitioner may or may not receive the requested information. If his/hers disapproval is such, the petitioner may take it before the IFAI. Then, the Institute solves the dispute by:

Maintaining the Agency’s position when it CONFIRMS that the information is reserved due to a number of reasons (for example, if it compromises national security; risks international negotiations; threatens the Nation’s financial stability; or violates a citizen’s privacy).

MODIFIES the Agency’s decision in order to partially disclose the information.

or REVOKES the Agency’s decision and mandates total disclosure.

IFAI Appeal Resolutions – already SOLVED*From June, 2003 to June 15, 2007.

Federal Institute of Access to Information

# %

CONFIRMS the Agency’s decision not to disclose the information. 1,526 28

MODIFIES the Agency’s decision in order to partially disclose the information. 2,013 37

REVOKES the Agency’s decision and mandates disclosure. 1,871 35

TOTAL NUMBER OF APPEALS SOLVED 5,410 100

* Excluding 4,252 discarded and dismissed cases.

Challenges and perspectives

There are 33 transparency laws in Mexico:

1 Federal Law and 32 state laws

Year of approval

2002 (5 laws)

2003 (8 laws)

2004 (9 laws)

2005 (6 laws)

2006 (4 laws)

State level.• 18 State laws asks for official ID.

• Quintana Roo requires to post a request been native (Its one of the States with the biggest number of migrants).

• Tlaxcala doesn't pay salary to there Commissioners.

• Some Laws lay down what's public instead of establishing exceptions, considering everything else is public.

• Some States don't have and Institute to resolve transparency controversies and to complain you have to turn to the judicial power (costly, take a long time, etc.)

The implementation of the Constitutional Amendment

will take two years time to be completed.

Complete the “Legislative Cycle” (Archives Law and

Data Protection Law in the private sector).

We should promote more forcefully a culture of

transparency and accountability within the public

service.

We should encourage the use of the Right of Access to

Public Information throughout the whole society and

thru the whole Country.

Challenges

Amendment proposal to Article 6 of the Mexican Constitution

“For me, Constitutions should include aspects that are of particular relevance to each country, and Mexico’s Constitution is long and detailed”.

“Unlike most European countries, Mexico has a federalist system, because of this, it would indeed be much easier to secure the principle of access to public information in a harmonious way if it were embedded in the Constitution.

-Thomas Markert, Deputy Secretary of the Venice CommissionMexico City, August, 2006

1. Any person may request information, without having to certify legal interest or present official ID.

2. Protection of Personal Data is granted.

3. Concerning public information, Interpretations of the Law must be in favor of the principle of maximum publicity.

4. All 32 States and those Municipalities with more than 70,000 people must establish an electronic system to receive, process and respond requests of information.

5. Every State must set up an Institute alike IFAI.

Amendment proposalto Article 6 of the Mexican Constitution.

Proem

For the exercise of the right of access to public information, the Federation, the States and the Federal District, in the sphere of their own capabilities, will be governed by the following principles and bases:

I. All information in possession of any public authority, entity, or organ, in the federal, state or municipal level, is public and may only be reserved temporarily and for reason of public interest in the terms established by the Law.

II. In the interpretation of this right, the principle of maximum publicity must always prevail.

III. Information regarding private life and personal data shall be protected according to the terms and exceptions established by the Law.

IV. Every person, without the need of demonstrating any interest, o justification of use, will have gratuitous access to public information, to their personal data and the correction of this data.

V. Expeditious mechanisms of access to information and revision procedures will be established. Theses procedures will be substantiated before specialized and impartial organs with autonomy in their operation, management and decisions.

VI. The obliged subjects will be obliged to preserve their documents in actualized administrative archives, which they will publish through the available electronic means. This information includes management indicators and the exercise of their budget.

VII. The Laws will determine the form through which the obliged subjects will publish the information relative to public funds they hand out to people or associations.

VIII. The neglect of these dispositions in matters of access to information will be sanctioned in the terms established by the Laws.

Amendment Text.

FIRST. This Decree shall become effective on the day following its publication in the Official Gazette of the Federation.

SECOND. The Federation, the States and the Federal District in the sphere of their responsibilities, shall issue laws regarding access to public information and transparency or in such cases, carry out the required modifications as late as one year from the entry into force of this Decree.

THIRD. The Federation, the States and the Federal District in the sphere of their responsibilities shall establish, as late as two years from the entry into force of this Decree, electronic systems that would allow that any person could use the mechanisms of access to information and appeal procedures referred in this Decree, remotely. State Laws should establish what’s necessary in order to municipalities with population greater that 70,000 people and Mexico City districts carry out the dispositions of this Decree.

TRANSIENT PROVISIONS

INSTANCE Date07 In Favor Against Abstain

FEDERAL Deputies 06 March 425 0 1

FEDERAL Senate 24-April 108 0 0

1 Tamaulipas 2Apr-27

2 Coahuila May-08

3 Morelos May-08

4 Quintana Roo May-15

5 Nayarit May-17

6 Aguascalientes May-17

7 Colima May-17

8 Zacatecas May-24

9 Chihuahua May-24

10 Queretaro May-24

11 Baja California Sur May-24

12 Durango May-29

13 Chiapas May-29

14 Nuevo León May-30

15 Guanajuato May-30

16 San Luis Potosí May-31

17 Edo. de México May-31

18 Puebla Jun-01

19 Sinaloa Jun-05

20 Sonora Jun-05

21 Jalisco Jun-06

22 Hidalgo Jun-07

ST

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SAmendment Approval Process

The Congress sent the Constitutional Amendment for publication to

the Executive on June 13, 2007.

At the Federal level, was approved by

unanimous decision.

At the local level, 16 State

congresses were needed.

Amendment Proposal to Article 6 of the Mexican

Constitution

When passed, the amendment will homogenize access to information across the country, thus addressing one of the fundamental weaknesses of the system so far. In particular the amendment includes the principle of maximum disclosure, thereby setting a high standard on freedom of information guiding all State activities.

- Article XIX March, 2007

Requests by Geographical Area

STATE 2003 2004 2005 2006 2007

Mexico City(8.44% of the total population)

50.4% 49.6% 46.9% 44.1% 41.1%

State of Mexico(13.56%) 13.0% 14.1% 11.6% 13.3% 12.5%

Jalisco(6.53%) 3.3% 2.9% 3.9% 4.2% 3.8%

Puebla(5.21%) 3.1% 2.9% 2.9% 3.5% 2.8%

Nuevo León(4.06%) 2.7% 2.7% 3.2% 2.1% 2.1%

5 out of 32 States controls the 62.3% of all requests.

1220

4149

8880

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2003 2004 2005 2006

YES NO

National Poll: Are you aware of the existence of the Federal Institute of Access to Public

Information?

Fuente:Redes, Bimsa, Estratégica Rvox

2233

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7867

5750

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2003 2004 2005 2006

YES NO

National Poll: Are you aware of the existence of Federal Transparency

and Access to Public Information Law?

Fuente:Redes, Bimsa, Estratégica Rvox

www.ifai.org.mx

[email protected]

[email protected]

TEL. +(5255) 5004 2400

29.0%

22.8%

12.4%

10.0%

25.8%

33.4%

19.9%

12.5%

9.0%

25.2%

33.9%

17.7%

13.0%

8.6%

26.8%

33.0%

16.9%

10.6%

8.9%

30.5%

32.7%

15.6%

10.1%

9.6%

32.1%

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

120.0%

2003 2004 2005 2006 2007

Others

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Government

Business

Academic

Petitioner’s profile