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The Federal Institute for Access to Public Information: control capacities over the Executive

The Federal Institute for Access to Public Information: control capacities over the Executive. Juan Pablo Guerrero Amparán, IFAI Commissioner. Transparency and Access to Government Information Law (FOIA). Civil Society Participation (Oaxaca group)

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The Federal Institute for Access to Public Information: control capacities over the Executive

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  1. The Federal Institute for Access to Public Information: control capacities over the Executive Juan Pablo Guerrero Amparán, IFAI Commissioner

  2. Transparency and Access to Government Information Law (FOIA) • Civil Society Participation (Oaxaca group) • Three initiatives (PRD, Executive, Oaxaca Group) • Unanimous Congressional approval (April 30, 2002) • Regulates two constitutional civil rights: access to public information, access to & protection of personal data (privacy rights)

  3. FOIA characteristics • Transparency principle • Compulsory publication of basic information (transparency obligations) • Classified information (reserved & confidential) • Access to & protection of personal information • Internal instance responsible for enforcement, complaints, appeals

  4. Obligatory Information on Internet • Directory, organizational structure, functions, services • Salaries & benefits of public officials • Budget & public spending • Contracts, procurement, concessions, permits, authorizations • Subsidies • Audit results • Citizen participation mechanisms

  5. Federal Institute for Access to Public Information (IFAI) • Five Commissioners: Executive appointments with Senate approval • Public Federal Administration Agency • Decision, budget, administrative and legal autonomies (administrative court) • Decisions are mandatory for executive branch

  6. Functions of IFAI • Promotion, dissemination, network building • Legal functions (enforcement and regulation)

  7. Promotion, dissemination, network building • Disseminate and broadcast the benefits of access to information • Promote & training and technical support • Assist citizens in obtaining information • Develop studies & research on transparency • Cooperate with states and local governments & other government branches • Report to Congress on institutional activities

  8. Requests for information (June 12 – Oct. 30 2003)

  9. Other experiences

  10. Agencies and Departments with highest number of requests & response rate (June 12-Oct. 30)

  11. Agencies and Departments with highest number of requests & response rate (June 12-Oct. 30)

  12. Response to requests for information (June 12-Oct. 30)

  13. Response to requests for information (June 12-Oct. 30)

  14. Legal functions (enforcement and regulation) • Accept and settle appeals • Interpret FOIA and administrative regulations (transparency principle) • Establish general criteria for classification and protection of information • Establish general criteria for handling, maintaining & securing personal information • Monitor compliance of transparency obligations and IFAI resolutions • Alert internal audit body of suspected infractions

  15. Examples of access to government information Department of Defense • Soldiers lost in combat to drug trafficking • Number & type of aircraft, water and land vehicles • Number of military officials with training abroad • Number of suicides within military staff • Number of AIDS cases in the military

  16. Resolutions of appeals oct 2003

  17. Examples of appeals lodged with IFAI

  18. Examples of appeals lodged with IFAI

  19. Appeals stayed (IFAI admits-Agency gives access)

  20. Challenges facing access to information • Legal restrictions • FOIA applies only to existing government documents (no obligation to generate response) • Limited punitive power (administrative infractions) • Potential conflict with other laws (bank, trust, fiscal secrets) • Bureaucracy and Government resistance • Information is power; access to information changes power structures • Transparency threatens bureaucracy culture

  21. Challenges facing access to information • Social challenges • FOIA: necessary but not sufficient condition for accountability • Social benefits of FOIA takes time and the involvement of strategic social actors • IFAI’s natural ally: civil society

  22. IFAI challenges • Better performance leads to stronger resistance • Need to build and consolidate strategic allies (government, international, civil society) • Widens access to information for social benefits

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