VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE CONGRESS OF THE MEXICAN UNITED STATES, DECREES:
FEDERAL LAW ON TRANSPARENCY AND ACCESS TO GOVERNMENT PUBLIC INFORMATION
COMMON PROVISIONS FOR OBLIGATED SUBJECTS
Article 1. This Law is in public order. It is intended to provide what is necessary to ensure everyone's access to information in the possession of the Union Powers, the autonomous constitutional bodies or with legal autonomy, and any other federal entity.
Article 2. All the governmental information referred to in this Law is public and private individuals will have access to it in the terms that it points out.
Article 3. For the purposes of this Law:
I. Committees: The Information Committees of each of the agencies and entities referred to in Article 29 of this Law or the holder of those referred to in Article 31;
II. Personal data: Any information concerning an identified or identifiable physical person;
III. Documents: The files, reports, studies, minutes, resolutions, trades, correspondence, agreements, directives, guidelines, circulars, contracts, agreements, instructions, notes, memoranda, statistics or any other record document the exercise of the powers or the activity of the obliged subjects and their public servants, regardless of their source or date of preparation. Documents may be in any medium, written, printed, sound, visual, electronic, computer or holographic;
IV. Dependencies and Entities: The ones mentioned in the Organic Law of the Federal Public Administration, including the Presidency of the Republic, the administrative bodies that have been unconcentrated, as well as the Attorney General's Office;
V. Information: The information contained in the documents that the required subjects generate, obtain, acquire, transform or retain for any title;
VI. Reserved Information: Aquella information that is temporarily subject to one of the exceptions provided for in Articles 13 and 14 of this Act;
VII. Institute: The Federal Institute for Access to Information and Data Protection, established in Article 33 of this Law;
VIII. Law: The Federal Law on Transparency and Access to Government Public Information;
IX. Autonomous constitutional bodies: The National Electoral Institute, the National Commission for Human Rights, the Bank of Mexico, the Federal Telecommunications Institute, the Federal Economic Competition Commission, the universities and the other institutions of higher education to which the law grants autonomy and any other established in the Political Constitution of the United Mexican States;
X. Regulation: The Regulation regarding the Federal Executive Branch, the Federal Law on Transparency and Access to Government Public Information;
XI. Public servants: Those referred to in the first paragraph of Article 108 Constitutional and all persons who handle or apply federal public resources;
XII. National Security: Actions aimed at protecting the integrity, stability and permanence of the Mexican State, democratic governance, foreign defense and the internal security of the Federation, aimed at the general welfare of the society to enable the fulfilment of the purposes of the constitutional state;
XIII. Personal Data System: The ordered set of personal data that is in the possession of a bound subject;
XIV. Bound subjects:
a) The Federal Executive Branch, the Federal Public Administration and the Attorney General's Office Republic;
b) The Federal Legislative Branch, made up of the Chamber of Deputies, the Chamber of Deputies, the Standing Committee and any of its organs;
c) The Judiciary of the Federation and the Council of Federal Judicature;
d) The autonomous constitutional organs;
e) Federal administrative courts, and
f) Any other federal organ.
XV. Administrative units: Those who, in accordance with the regulations of each of the required subjects, have the information in accordance with the appropriate powers.
Article 4. These are the objectives of this Act:
I. Provide what is necessary for everyone to have access to information through simple and expedited procedures;
II. Transparent public management by disseminating the information generated by obligated subjects;
III. Ensure the protection of personal data in possession of obligated subjects;
IV. Promote accountability to citizens so that they can assess the performance of the required subjects;
V. Improving the organization, classification, and handling of documents, and
VI. to the democratization of Mexican society and the full validity of the rule of law.
Article 5. This Act is mandatory enforcement for federal public servants.
Article 6. In the interpretation of this Law and its Rules of Procedure, as well as of the general rules referred to in Article 61, the principle of maximum publicity and availability of information in the possession of the subjects shall be encouraged. required.
The right of access to public information will be interpreted in accordance with the Political Constitution of the United Mexican States; the Universal Declaration of Rights Human; the International Covenant on Civil and Political Rights; the American Convention on Human Rights; the Convention on the Elimination of All Forms of Discrimination Against Women, and other international instruments signed and ratified by the Mexican State and the interpretation of The same has been done by the specialized international bodies.
Article 7. With the exception of the reserved or confidential information provided for in this Law, the obligated subjects must make available to the public and update, in the terms of the Regulation and the guidelines issued by the Institute or the equivalent instance referred to in Article 61, the following information:
I. Your organic structure;
II. The faculties of each administrative unit;
III. The public server directory, from the department head level or its equivalents;
IV. The monthly remuneration per post, including the compensation system, as set out in the corresponding provisions;
V. The address of the link unit, in addition to the e-mail address where requests to obtain the information can be received;
VI. The goals and objectives of the administrative units in accordance with their operational programs;
VII. The services they offer;
VIII. The formalities, requirements, and formats. In the event that they are registered in the Federal Register of Procedures and Services or in the Registry that for tax matters establishes the Secretariat of Finance and Public Credit, they must be published as they were registered;
IX. The information about the allocated budget, as well as reports about its execution, in terms of the Federation's Eglings Budget. In the case of the Federal Executive, such information will be provided in respect of each dependency and entity by the Secretariat of Finance and Public Credit, which will also report on the economic situation, public finances and public debt. in terms set by the budget itself;
X. The results of the audits to the budget year of each subject obliged to carry out, as appropriate, the Secretariat of the Civil Service, the internal or the higher audit of the Federation and, where appropriate, the relevant clarifications;
XI. The design, execution, assigned amounts, and access criteria for the subsidy programs. As well as the rolls of beneficiaries of the social programs that the Decree of the Budget of the Federation of the Federation has established;
XII. Concessions, permissions, or authorizations granted, specifying the holders of those;
XIII. The hires that have been concluded in terms of the applicable legislation detailing for each contract:
a) Public works, acquired, leased and contracted services; in the case Studies or research should highlight the specific topic;
b) The amount;
c) The name of the supplier, contractor, or physical or moral person with whom entered into the contract, and
d) Contract compliance deadlines;
XIV. The regulatory framework applicable to each bound subject;
XV. Reports that, by legal disposition, generate the required subjects;
XVI. Where appropriate, the mechanisms for citizen participation, and
XVII. Any other information that is useful or is considered relevant, in addition to which based on statistical information, answers the questions asked more frequently by the public.
The information referred to in this Article shall be published in such a way as to facilitate their use and understanding by persons, and to ensure their quality, accuracy, timeliness and reliability. The agencies and entities shall be responsible for the recommendations issued by the Institute.
Article 8. The Judicial Branch of the Federation shall make public the statements that have caused state or enforceability, the parties may object to the publication of your personal data.
Article 9. The information referred to in Article 7 shall be made available to the public through remote or local electronic communication means. The required subjects must be made available to the persons concerned, in order to enable them to obtain the information, either directly or through impressions. They shall also provide support to users who require it and provide all types of assistance with respect to the procedures and services they provide.
Dependencies and entities should prepare the automation, presentation and content of their information, as well as their online integration, in terms of Provide the Regulation and the guidelines issued by the Institute.
Article 10. Dependencies and entities shall make public, directly or through the Legal Department of the Federal Executive or the Federal Commission of Regulatory Improvement, in the terms established by the Regulation, and at least 20 working days in advance of the date on which it is intended to publish or submit to the head of the Federal Executive, the foredrafts of laws and regulations general administrative provisions referred to in Article 4 of the Law Federal Administrative Procedure, unless it is determined in the judgment of the Department or the Federal Regulatory Improvement Commission, as the case may be, that its publication may compromise the effects that are intended to be achieved with the provision or deal with emergency situations, in accordance with that Act.
Article 11. The reports presented by political parties and national political groupings to the Federal Electoral Institute, as well as audits and Checks ordered by the Commission for the Taxation of Public Resources of Parties and Political Groups shall be made public at the end of the respective audit procedure.
Any citizen will be able to ask the Federal Electoral Institute for information regarding the use of public resources received by political parties and the national political groupings.
Article 12. The obligated subjects shall make public all information relating to the amounts and the persons to whom they surrender, for whatever reason, public resources, as well as the reports they are given to them about the use and destination of these resources.
Reserved and confidential information
Article 13. As reserved information may be classified as the distribution of which may:
I. Commit national security, public security, or national defense;
II. To undermine the conduct of negotiations or international relations, including information that other states or bodies International surrender as confidential to the Mexican State;
III. Damage the financial, economic, or monetary stability of the country;
IV. Putting the life, security, or health of any person at risk, or
V. Causing a serious prejudice to the activities of verification of compliance with laws, prevention or prosecution of crimes, the imparting of justice, the collection of contributions, migration control operations, procedural strategies in judicial or administrative processes while the resolutions do not cause status.
Article 14. It will also be considered as reserved information:
I. The express provision of a Law is considered confidential, reserved, reserved commercial or confidential government;
II. The business, industrial, tax, banking, fiduciary, or other secrets considered as such by a legal provision;
III. Previous inquiries;
IV. Judicial files or administrative procedures followed in the form of a trial as long as they have not been caused;
V. The liability procedures of the public servants, as long as the administrative or final jurisdictional decision has not been made, or
VI. The one that contains the opinions, recommendations, or points of view that are part of the deliberative process of the public servants, until they are not the final decision, which must be documented.
When the reservation period or the causes that have given rise to the reservation of the information referred to in the fractions III and IV of this Article are concluded, such information may be published, protecting the confidential information contained therein.
The character of the reservation cannot be invoked in the case of the investigation of serious violations of fundamental rights or crimes against humanity.
Article 15. Information classified as reserved under Articles 13 and 14 may remain with such character for up to a period of twelve years. This information may be declassified when the causes of its classification are extinguished or when the reserve period has elapsed. The availability of such information will be without prejudice to what, in this respect, will establish other laws.
The Institute, in accordance with the Regulation, or the equivalent instance referred to in Article 61, shall establish the criteria for classification and declassification of the reserved information.
Exceptionally, the required subjects may apply to the Institute or to the established body in accordance with Article 61, as appropriate, for the extension of the reserve period, provided that the causes that gave rise to its classification are subsist.
Article 16. The holders of the administrative units will be responsible for classifying the information in accordance with the criteria set out in this Law, its Regulation and the guidelines issued by the Institute or by the equivalent instance referred to in Article 61, as appropriate.
Article 17. The administrative units will produce semestrally and by topic items, an index of the files classified as reserved. This index shall indicate the administrative unit which generated the information, the date of the classification, its basis, the time limit for the reservation and, where appropriate, the parts of the documents which are reserved. In no case will the index be considered as reserved information.
The holder of each dependency or entity shall take the necessary steps to ensure the custody and preservation of the classified files.
At all times, the Institute shall have access to the confidential or confidential information to determine its due classification, declassification or the origin of the grant. their access.
Article 18. As confidential information will be considered:
I. The delivery of such a character by the individuals to the obligated subjects, in accordance with Article 19, and
II. Personal data that requires the consent of individuals for dissemination, distribution or marketing in the terms of this Act.
Information that is on public records or on public access sources will not be considered confidential.
Article 19. When individuals submit to the required subjects the information referred to in section I of the previous article, they must documents containing confidential, reserved or reserved commercial information, provided that they have the right to reserve the information in accordance with the applicable provisions. Where there is an application for access that includes confidential information, the bound subjects shall communicate it as long as the express consent of the particular holder of the confidential information is measured.
Personal data protection
Article 20. The obligated subjects will be responsible for the personal data and, in relation to these, must:
I. Adopt appropriate procedures to receive and respond to requests for data access and correction, as well as train public servants and give know information about their policies in relation to the protection of such data, in accordance with the guidelines established by the Institute or equivalent instances provided for in Article 61;
II. Treat personal data only when they are appropriate, relevant, and not excessive in relation to the purposes for which they were obtained;
III. Make available to individuals, from the moment at which personal data are collected, the document in which the purposes for their treatment, in terms of the guidelines established by the Institute or the equivalent instance referred to in Article 61;
IV. Procure that personal data is accurate and up-to-date;
V. Replace, rectify or complete, of trade, personal data that is inaccurate, whether in whole or in part, or incomplete, at the time they are knowledge of this situation, and
VI. Adopt the necessary measures to ensure the security of personal data and prevent its alteration, loss, transmission and unauthorized access.
Article 21. The obligated subjects may not disseminate, distribute or commercialize the personal data contained in the information systems, developed in the exercise of his or her duties, unless he has mediated the express consent, in writing or by a similar means of authentication, of the individuals to which the information refers.
Article 22. No consent will be required for individuals to provide the personal data in the following cases:
II. Those necessary for statistical, scientific or general interest reasons provided for in law, prior to the procedure by which the data cannot be associated personal with the individual to whom they refer;
III. When transmitted between obligated subjects or between dependencies and entities, as long as the data is used for the exercise of its own faculties the same;
IV. When a court order exists;
V. To third parties when the provision of a service requiring the processing of personal data is contracted. Such third parties may not use personal data for purposes other than those for which they have been transmitted, and
VI. In other cases that set the laws.
Article 23. Required subjects who hold, by any degree, personal data systems, shall do so from the knowledge of the Institute or the instances equivalents provided for in Article 61, who shall keep an up-to-date list of personal data systems.
Article 24. Without prejudice to other laws, only interested parties or their representatives may request a unit of liaison or its equivalent, prior to accreditation, which provides you with the personal data in a personal data system. That person shall, within 10 working days from the submission of the application, provide the applicant with the information in a form which is understandable to the applicant, or shall inform him in writing that such personal data system does not contain those referred to the applicant.
The delivery of the personal data will be free of charge, with the individual covering only the shipping costs in accordance with the applicable rates. However, if the same person makes a new application in respect of the same personal data system within a period of less than twelve months from the last request, the costs shall be determined in accordance with Article 27.
Article 25. Interested persons or their representatives may request, upon accreditation, before the liaison unit or their equivalent, to modify their data they work in any personal data system. For this purpose, the person concerned must submit a request for modifications to the liaison unit or its equivalent, which indicates the personal data system, indicate the modifications to be made and provide the documentation that will motivate your request. The applicant shall, within 30 working days of the submission of the application, provide the applicant with a communication stating the amendments or, on the basis of a reasoned and reasoned opinion, the reasons for which they did not proceed. modifications.
Article 26. Against the refusal to provide or correct personal data, the action referred to in Article 50 shall be brought into question. It shall also proceed in the event of a failure to respond within the time limits referred to in Articles 24 and 25.
Article 27. Costs for obtaining the information may not be higher than the sum of:
I. The cost of materials used in the reproduction of information, and
II. The shipping cost.
Fees of applicable rights must be established in the Federal Law of Rights.
Required subjects should strive to reduce the cost of delivering information.
ACCESS TO INFORMATION IN THE FEDERAL EXECUTIVE BRANCH
Link units and information committees
Article 28. The holders of each of the dependencies and entities will designate the link unit that will have the following functions:
I. Collect and disseminate the information referred to in Article 7, in addition to providing the administrative units to update it periodically;
II. Receiving and processing requests for access to information, referred to in Articles 24, 25, and 40;
III. To assist individuals in the preparation of applications and, where appropriate, to guide them on the dependencies or entities or other bodies that may have the information they request;
IV. Perform internal procedures for each dependency or entity, required to deliver the requested information, in addition to making notifications to the particular;
V. Propose to the Committee internal procedures that ensure the highest efficiency in the management of requests for access to information;
VI. Enable public servants of the dependency or entity that are required to receive and process requests for access to information;
VII. Bring a record of the access requests to the information, their results and costs, and
VIII. The others required to ensure and streamline the flow of information between the dependency or entity and the individuals.
Article 29. In each dependency or entity an Information Committee will be integrated that will have the following functions:
I. Coordinate and monitor the actions of the dependency or entity to provide the information provided for in this Act;
II. Institutions, in accordance with the Rules of Procedure, procedures to ensure greater efficiency in the management of requests for access to information;
III. Confirm, modify, or revoke the classification of information made by the owners of the administrative units of the dependency or entity;
IV. Perform through the link unit, the necessary steps to locate the administrative documents on which the requested information is present;
V. Establish and monitor the application of the specific criteria for the dependency or entity on the classification and preservation of documents administrative, as well as the organization of files, in accordance with the guidelines issued by the Institute and the General Archive of the Nation, as appropriate;
VI. Develop a program to make it easier to obtain information from the dependency or entity, which should be regularly updated and include the measures required for the organization of the files, and
VII. Develop and send to the Institute, in accordance with the guidelines issued by it, the data necessary for the preparation of the annual report to which it refers Article 39.
Article 30. Each Committee will consist of:
I. A public server designated by the dependency or entity holder;
II. The link unit holder, and
III. The holder of the internal control organ of each dependency or entity.
The Committee shall adopt its decisions by a majority vote.
Article 31. The Center for National Security and Research; the National Center for Planning, Analysis and Information for Combating Crime; the Center Federal Protection of Persons; the Directorate of Intelligence Coordination of the Federal Preventive Police; the Subprocuratorate of Specialized Investigation in Organized Crime; the Presidential General Staff, the General Staff of the Defense National and the General Staff of the Navy or, the units the administrative authorities shall not be subject to the authority of the Committees referred to in Article 29, their duties being the sole responsibility of the holder of the administrative unit.
Article 32. Corresponding to the General Archive of the Nation, in coordination with the Institute, prepare the criteria for cataloging, classification and preservation of administrative documents, as well as the organization of archives of the agencies and entities. Such criteria shall take into account international standards and best practices in this field.
The holders of the dependencies and entities, in accordance with the applicable provisions, shall ensure the proper functioning of the files. They shall also draw up and make available to the public a simple guide to their classification and cataloging systems, as well as the organisation of the file.
From The Institute
Article 33. The Institute is an organ of the Federal Public Administration, with operational, budgetary and decision autonomy, in charge of promoting and disseminating the exercise of the right to information; to resolve the refusal of requests for access to information and to protect personal data held by agencies and entities.
Article 34. The Institute will be composed of five commissioners, who will be appointed by the Federal Executive. The House of Senators may object to such appointments by a majority, and when it is in recess by the Permanent Commission, with the same vote. In any event, the legislative body will have thirty days to resolve, due this deadline without a resolution on it, the Federal Executive will be understood as not objecting to the appointment of the Federal Executive.
Commissioners may only be removed from their duties when they are in serious or repeated breach of the provisions contained in the Constitution and this Law, when acts or omissions affect the privileges of the Institute, or when they have been sentenced for a serious crime that deserves corporal punishment.
They will last for seven years, without the possibility of reelection, and during the same period they will not be able to have any other employment, office or commission, except in educational institutions, scientific or charitable.
The Institute, for the purposes of its resolutions, shall not be subordinate to any authority, shall take its decisions with full independence and shall have the human resources and materials necessary for the performance of their functions.
Article 35. To be Commissioner it is required:
I. Being a Mexican citizen;
II. Not having been convicted by the commission of any wrongdoing;
III. Having at least, thirty-five years of age the day of your designation;
IV. Having performed prominently in professional, public service, or academic activities related to the subject matter of this Law, and
V. Not having been Secretary of State, Chief of Administrative Department, Attorney General of the Republic, Senator, Federal or Local Deputy, leader of a party or political association, Governor of any State or Head of Government of the Federal District, during the year prior to the day of his appointment.
Article 36. The Institute will be chaired by a Commissioner, who will have the legal representation of it. It will last for a two-year term, renewable for one occasion, and will be chosen by the commissioners.
Article 37. The Institute will have the following attributions:
I. Interpret in the administrative order this Law, in accordance with Article 6;
II. Know and resolve the review resources that are brought by the applicants;
III. Set and review the classification, declassification, and custody criteria for reserved and confidential information;
IV. To assist with the General Archive of the Nation in the elaboration and application of the criteria for the cataloging and preservation of documents, as well as the organization of files for dependencies and entities;
V. Vigil and, in case of non-compliance, make recommendations to the dependencies and entities to comply with the provisions of Article 7;
VI. Orienting and advising individuals about requests for access to information;
VII. Provide technical support to the agencies and entities in the elaboration and execution of their information programs established in the VI of the Article 29;
VIII. Develop the information access request formats, as well as personal data access and correction;
IX. Establish general guidelines and policies for the management, maintenance, security and protection of personal data, which are in possession of the dependencies and entities;
X. Make the knowledge of the internal control organ of each dependency and entity, in accordance with the last paragraph of Article 56, the alleged infringements of this Law and its Rules of Procedure. Final decisions which are issued by the internal control bodies and which have been caused must be notified to the Institute, which shall be made public through its annual report;
XI. Develop the guide referred to in Article 38;
XII. Promote and, where appropriate, execute the training of public servants in terms of access to information and protection of personal data;
XIII. Spread between public and private servers, the benefits of public information management, as well as their responsibilities in the good use and conservation of that;
XIV. Develop and publish studies and research to disseminate and expand knowledge on the subject of this Law;
XV. Cooperate with respect to the subject matter of this Law, with the other bound subjects, the federative entities, the municipalities, or their organs of access to the information, by the conclusion of agreements or programmes;
XVI. Develop your Internal Rules and other operating rules;
XVII. Designate the public servants in charge;
XVIII. Prepare your annual draft budget, which will be sent to the Secretariat of Finance and Public Credit to integrate it into the the Federation, and
XIX. The others who trust you this Law, your Regulations, and any other applicable provisions.
Article 38. The Institute will develop a guide that will describe, in a clear and simple way, the procedures for accessing the information of the dependencies and entities.
Article 39. The Institute will annually give a public report to the H. Congress of the Union on access to information, based on the data held by the Institute. dependencies and entities as referred to in Article 29 (VII) VII, which shall include at least the number of requests for access to the information submitted to each dependency and entity as well as its outcome; its response time; the number and outcome of the cases addressed by the Institute; the state of complaints filed with the internal control bodies and the difficulties observed in the enforcement of the law. To this end, the Institute will issue any guidelines it deems necessary.
From the access procedure to the dependency or entity
Article 40. Any person or his/her representative may submit, before the liaison unit, a request for access to the information by free writing or in the formats approved by the Institute. The request must contain:
I. The name of the applicant and address or other means to receive notifications, such as e-mail, as well as the general data of your representative, in your case;
II. The clear and accurate description of the documents you request;
III. Any other data that leads to its location in order to facilitate its search, and
IV. Optionally, the mode in which you prefer to grant access to information, which can be verbally always and when it is for the purposes of guidance, through direct consultation, simple copies, certified copies or other means.
If the details provided by the applicant are not sufficient to locate the documents or are erroneous, the link unit may require, for once and within the ten working days following the submission of the application, indicating other elements or correcting the data. This requirement shall interrupt the time limit laid down in Article 44.
The liaison units will assist individuals in the preparation of requests for access to information, in particular in cases where the applicant does not know how to read or write. Where the requested information is not a competence of the entity or unit to which the request for access is made, the liaison unit shall give due guidance to the individual on the competent entity or dependency.
If the application is submitted to an administrative unit other than the liaison unit, the unit shall have the obligation to indicate to the individual the physical location of the link unit.
In no case shall the delivery of information be conditional on the motivation or justification of its use, nor shall it be required to demonstrate any interest.
Article 41. The link unit will be the link between the dependency or entity and the requester, as it is responsible for making notifications to refers to this Law. In addition, it shall carry out all necessary steps in the dependency or entity in order to facilitate access to the information.
Article 42. Dependencies and entities will only be required to deliver documents that are in their files. The obligation of access to the information shall be fulfilled when the documents are made available to the applicant for consultation on the site where they are located; or, by the issue of simple copies, certified or any other medium.
Access shall be given only in the manner permitted by the document concerned, but shall be delivered in whole or in part, at the request of the applicant.
In the event that the information requested by the person is already available to the public in print media, such as books, compendios, tripticos, public archives, in Electronic formats available on the Internet or in any other medium, will be made known in writing to the source, the place and the way in which you can consult, reproduce or acquire such information.
Article 43. The binding unit will take the request to the administrative unit that has or may have the information, so that it is located, verify its classification and the first of all the source of the access and the manner in which it is available, in order to determine the cost, if any.
Administrative units may provide documents containing classified information as reserved or confidential, provided that the documents on which the information to remove classified parts or sections. In such cases, the parts or sections that were removed must be reported.
Article 44. The response to the request must be notified to the data subject in the shortest possible time, which may not be greater than twenty working days, counted from the presentation of that. In addition, the cost and the modality in which the information will be delivered will be specified, taking as much as possible the request of the person concerned. Exceptionally, this period may be extended for a period of the same period where there are reasons for it, provided that the applicant is notified.
The information must be delivered within ten business days after the link unit has notified you of the availability of the information, provided that the The applicant claims to have covered the payment of the corresponding rights.
The Regulation will set the manner and terms for the internal processing of requests for access to information.
Article 45. In case the holder of the administrative unit has classified the documents as reserved or confidential, he/she must immediately submit the application, as well as a trade, with the elements necessary to establish and motivate such classification, to the Committee of the dependency or entity, which must be resolved if:
I. Confirms or modifies the classification and denies access to the information, or
II. Revows the classification and grants access to the information.
The Committee may have access to documents in the administrative unit. The decision of the Committee shall be notified to the person concerned within the time limit laid down in the Article 44. If they are negative, they must establish and motivate the reasons for the classification of the information and indicate to the applicant the appeal which may be brought before the Institute.
Article 46. When documents are not found in the administrative unit files, the administrative unit must refer to the dependency or entity Committee. request for access and the trade where it manifests it. The Committee shall analyse the case and take appropriate measures to locate, in the dependency or entity, the document requested and shall resolve accordingly. If not found, it shall issue a resolution confirming the non-existence of the requested document and shall notify the applicant, through the liaison unit, within the time limit set out in Article 44.
Article 47. Requests for access to the information and the answers to them, including, where appropriate, the information provided, shall be public. In addition, the agencies and entities should make this information available to the public, as far as possible through remote or local electronic communication facilities.
Article 48. Link units will not be required to process offensive access requests; when they have delivered substantially identical information in response to a request from the same person, or when the information is publicly available. In this case, they must tell the applicant where the information is located.
From the procedure to the Institute
Article 49. The applicant who has been notified, by means of a decision of a Committee: the refusal of access to the information, or the non-existence of the documents requested, may, by itself or through its representative, bring the review appeal to the Institute or to the liaison unit which has known the case, within 15 working days of the date of the notification. The liaison unit shall refer the matter to the Institute the day after it has received it.
Article 50. The resource will also proceed on the same terms when:
I. The dependency or entity does not deliver the requested personal data to the requester, or do so in an incomprehensible format;
II. The dependency or entity refuses to make modifications or corrections to the personal data;
III. The requester is not compliant with the time, cost, or delivery mode, or
IV. The applicant considers that the information submitted is incomplete or does not correspond to the information required in the request.
Article 51. The appeal provided for in Articles 49 and 50 shall proceed instead of the appeal provided for in Article 83 of the Federal Law of Procedure. Administrative.
Article 52. The Institute will address the deficiencies of the resources brought by individuals.
Article 53. The lack of response to an access request, within the time limit specified in Article 44, will be understood to be resolved in a positive sense, so the a dependency or entity will be obliged to give you access to the information in a period of no more than 10 working days, covering all costs generated by the reproduction of the information material, unless the Institute determines that the documents in question are reserved or confidential.
In order to comply with the provisions of the first paragraph of this Article, the Regulation shall establish an expedited procedure to remedy the non-compliance with the dependencies and entities to deliver the information. For this purpose, individuals may submit the constancy referred to in Article 17 of the Federal Administrative Procedure Act issued by the relevant liaison unit, or it shall be sufficient for them to submit a copy of the application in the the date of its submission to the unit or entity is recorded. In the latter case, the procedure will ensure that they have the opportunity to prove that they responded in time and form to the particular.
Article 54. The review facility interposition document must contain:
I. The dependency or entity to which the request was submitted;
II. The name of the appellant and the third party concerned if there is, as well as the address or medium that I pointed out to receive notifications;
III. The date on which you were notified or became aware of the claimed act;
IV. The act that is used and the petitoires;
V. The copy of the resolution being challenged and, if applicable, of the corresponding notification, and
VI. The other items that you consider to be submitted to the Institute's judgment.
Article 55. Except as provided for in Article 53, the Institute shall substantiate the review facility in accordance with the following guidelines:
I. The resource, the President of the Institute, shall be taken by the rapporteur, who shall, within 30 working days of the interposition of the appeal, integrate the file and submit a draft resolution to the Institute's plenary session;
II. The Institute's plenary session may determine the holding of hearings with the parties;
III. During the procedure the application of the complaint must be applied in favor of the appellant and ensure that the parties are able to present, orally or written, the arguments that they merge and motivate their claims, as well as to formulate their pleadings;
IV. Through the request of the data subject, promotions and writings may be received by electronic means;
V. The plenary session will ultimately resolve within the next twenty working days that the draft resolution was submitted, and
VI. The plenary resolutions will be public.
Where there is justified cause, the Institute's plenary session may extend, for once and for an equal period, the time limits laid down in fractions I and V of this Regulation. Article.
The confidential or confidential information that, if any, is requested by the Institute for being indispensable to resolve the matter, must be maintained with that character and will not be available in the file.
Article 56. The Institute's resolutions may:
I. Dismiss the resource by improper or overhang it;
II. Confirm the decision of the Committee, or
III. Revoke or modify the decisions of the Committee and order the dependency or entity to allow the particular access to the requested information or to the data personal; reclassifying information or modifying such data.
Resolutions, which must be in writing, will set deadlines for compliance and procedures to ensure enforcement.
If the Institute does not resolve within the time limit set forth in this Law, the resolution to be used shall be deemed to be confirmed.
When the Institute determines during the substantiation of the procedure that some public servant may have incurred in liability, it must do so the internal control body of the unit or entity responsible for initiating, where appropriate, the relevant liability procedure.
Article 57. The resource will be discarded by improper when:
I. Be presented, after the deadline specified in Article 49 has elapsed;
II. The Institute has previously known the respective resource and ultimately resolved;
III. A resolution is recursive that has not been issued by a Committee, or
IV. Before the courts of the Federal Judicial Branch, any appeal or means of defense brought by the appellant is being processed.
Article 58. The resource will be startled when:
I. The recursive is expressly disused from the resource;
II. The appellant dies or, in the case of moral people, dissolves;
III. When the challenge facility is admitted, any causal of improvenance appears in the terms of this law, or
IV. The dependency or entity responsible for the contested act or resolution modifies or revokes it, in such a way that the means of impeachment is without effect or material.
Article 59. The Institute's resolutions will be final for dependencies and entities. Individuals may challenge them before the Judicial Branch of the Federation.
The courts will have access to confidential or confidential information when it is essential to resolve the matter and have been offered in court. Such information shall be maintained with that character and shall not be available in the judicial file.
Article 60. After a year of the Institute issuing a resolution confirming the decision of a Committee, the individual concerned may apply to the Institute to reconsider the resolution. Such review shall relate to the same application and shall be resolved within a maximum of 60 working days.
ACCESS TO INFORMATION IN OTHER BOUND SUBJECTS
Article 61. The Federal Legislative Branch, through the Chamber of Senators, the Chamber of Deputies, the Permanent Commission and the Superior Audit Office of the Federation; the Judiciary of the Federation through the Supreme Court of Justice of the Nation, the Council of the Federal Judicature and the Commission of Administration of the Federal Electoral Tribunal; the autonomous constitutional bodies and the Administrative courts, in the field of their respective powers, shall establish by means of regulations or agreements of a general nature, the institutional bodies, criteria and procedures to provide individuals with access to information, in accordance with the principles and deadlines set out in this Law.
The provisions to be issued will indicate, as appropriate:
I. The administrative units responsible for publishing the information referred to in Article 7;
II. The binding units or their equivalents;
III. The Information Committee or its equivalent;
IV. The criteria and procedures for classifying and preserving reserved or confidential information;
V. The access to information procedure, including a review facility, according to Articles 49 and 50, and one of reconsideration in the terms of the Article 60;
VI. The procedures for access and rectification of personal data referred to in Articles 24 and 25, and
VII. An internal instance responsible for applying the Law, resolving the resources, and the other powers granted to it by this order.
Article 62. The obligated subjects referred to in the previous article shall annually draw up a public report of the activities undertaken to ensure the access to information, in accordance with the guidelines set out in Article 39, of which a copy must be sent to the Institute.
RESPONSIBILITIES AND PENALTIES
Article 63. It shall be causes of administrative liability of the public servants for failure to comply with the obligations laid down in this Law. following:
I. Use, subtract, destroy, hide, disable, disclose or alter, in whole or in part, and improperly information that is in its custody, to the who have access to or knowledge on the basis of their employment, position or commission;
II. Act with negligence, wilful or bad faith in the substantiation of requests for access to information or in the dissemination of information to which they are required under this Act;
III. intentionally Deny non-classified information as reserved or not considered confidential under this Law;
IV. Classify as reserved, with dolo, information that does not meet the characteristics outlined in this Law. The sanction shall only proceed where there is a prior resolution in respect of the classification criterion for such information of the Committee, the Institute, or the equivalent instances provided for in Article 61;
V. Deliver information deemed to be reserved or confidential in accordance with the provisions of this Law;
VI. Deliver intentionally incomplete information required in an access request, and
VII. Do not provide the information whose delivery has been ordered by the organs referred to in the previous section IV or the Federation Judiciary.
The liability referred to in this Article or any other derivative of the breach of the obligations laid down in this Law shall be sanctioned in the terms of the of the Federal Law on Administrative Responsibilities of Public Servants.
The infringement provided for in section VII or the recidivism in the conduct provided for in fractions I to VI of this Article shall be considered as serious for purposes of his administrative sanction.
Article 64. The administrative responsibilities arising from the failure to comply with the obligations referred to in the previous Article are independent. of any of the civil or criminal order.
First. This Law shall enter into force on the day following that of its publication in the Official Journal of the Federation, with the modalities establishing the The following items.
Second. The publication of the information referred to in Article 7 shall be completed no later than one year after the entry into force of the Law.
Third. The owners of the Federal Public Administration's offices and agencies must designate the liaison unit and the members of the committees. referred to in this Law no later than six months after the date of entry into force of this law, and in the same period they shall initiate functions. They must also notify the Secretariat of Comptroller and Administrative Development, which, in turn, must publish the list of units in the Official Journal of the Federation. Provision should be made with the assigned human, material and budgetary resources, and should therefore not involve additional relocations.
Fourth. The bound subjects referred to in Article 61 shall publish the corresponding provisions no later than one year after the entry into Law.
Fifth. The designation of the first five commissioners will be made no later than three months after the Law enters into force. In the first period of the exercise, three commissioners will conclude their mandate in four years, and they will be able to be ratified for a new period of 7 years. The Executive shall indicate in its designation the period of exercise for each Commissioner.
Sixth. The Federal Executive will issue this Act's Regulation within the year following its entry into force.
Seventh. The Institute shall issue its rules of procedure within the year following the entry into force of the Law.
Eighth. Individuals may submit requests for access to information or access and correction of personal data one year after entry into Law.
Ninth. Except as provided in Article 53, Article 17 of the Federal Administrative Procedure Act shall not apply to this Law.
Tenth. The obligated subjects shall, by 1 January 2005 at the latest, complete the organization and operation of their administrative files, as well as the publication of the guide referred to in Article 32.
Eleventh. The Federation's Budget for the Year 2003 will have to set the corresponding budget forecast to allow for integration and Proper functioning of the Institute.
Mexico, D.F., at 30 April 2002.-Dip. Beatriz Elena Paredes Rangel, President.-Sen. Diego Fernandez de Cevallos Ramos, President.-Dip. Adrian Rivera Perez, Secretary.-Sen. Yolanda González Hernández, Secretary.-Rubicas".
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, ten days in the month of June of two thousand two.- Vicente Fox Quesada.-Rubrias.-The Secretary of the Interior, Santiago Creel Miranda.-Heading.