Federal Institute of Access to Public Information. México

1. Federal Institute of Access to Public Information. México

2. 79% of Transparency Acts have been approved in the last decade. 67 countries with Transparency Laws Source: David Banisar, 2006

3. Transparency on the International Level67 countries with Transparency Laws Green: Countries with a Transparency Law White: Countries without a Law David Banisar, 2006

4. Transparency Laws in America In the Continent there are already 13 countries with approved laws. Honduras in 2007 became the 67 country in the list of nations with Transparency Act. The IFAI is the only Institute in Latin America who resolves transparency controversies. Normally these matters are “resolve” at the Judicial power.

5. 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.

6. Transparency on the International Level 2007 United Kingdom (2005) México (2003) Germany (2006) Slovenia (2006) Hungary (1993) Thailand (1997) Honduras (2008*) Green: Countries with Law Yellow: Countries with a Executive Decree Purple: Institutes that are responsible for Access to Information and Data Protection Source: David Banisar, 2006 IFAI 2007

7. 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.

8. 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.

9. Characteristics of SISI (2) With SISI you can: • Request and receive public information from any government agency. • 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).

10. Characteristics of SISI (3) • Multifunctional system: • First, the requester registers a basic profile of himself. (it asks for a username and a password). • Second, the requester selects one of the 240 federal agencies at which he/she wants to make the request of information. • Tracking system: it allows to keep track of the status of all information requests (through a request number).

11. SISI Web Page

12. Advantages of SISI (1) • Reduces transaction costs:citizens need only a computer with Internet connection to place a request of information. • Easy access to the public information:there is no need to go personally to any government agency. • Free:most of the information being requested is sent via Internet at no charge.(Unless you need a copy of the document). • Habeas Data: it allows to request and correct personal data.

13. Advantages of SISI (2) • All the information contained in the system is a public good, and as such it reduces asymmetries of information. • Its an effective monitoring device that supervise the public servants duty according to the Law. (There in no way a request can get lost) • SISI is one of the main reasons the number of requests of information has increased systematically since the Law came into force. • The respond times is 20 days or affirmativa ficta came into effect. • The system is equipped with a search engine with key-word capability (Maybe your request is already responded).

14. “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

15. “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

16. Transparency and Written Press

17. Art. 7º. Transparency Obligations

18. 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

19. 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.

20. 218,352 requests made to 240 Federal Government Agencies

21. 5.9% 5.3% 3.8% 2.6% Total number of appeals from June, 2003 to June 15, 2007: 10,503 4.81%out of 218,352 requests

22. 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.

23. Federal Institute of Access to Information IFAI Appeal Resolutions – already SOLVED* From June, 2003 to June 15, 2007. * Excluding 4,252 discarded and dismissed cases.

24. Challenges and perspectives

25. There are 33 transparency laws in Mexico: 1 Federal Law and 32 state laws

26. 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.)

27. Challenges • 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.

28. 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

29. Amendment proposalto Article 6 of the Mexican Constitution. • Any person may request information, without having to certify legal interest or present official ID. • Protection of Personal Data is granted. • Concerning public information, Interpretations of the Law must be in favor of the principle of maximum publicity. • 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. • Every State must set up an Institute alike IFAI.

30. Amendment Text. 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: • 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. • In the interpretation of this right, the principle of maximum publicity must always prevail. • Information regarding private life and personal data shall be protected according to the terms and exceptions established by the Law. • 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. • 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, managementand decisions. • 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 indicatorsand the exercise of their budget. • 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. • The neglect of these dispositions in matters of access to information will be sanctioned in the terms established by the Laws.

31. TRANSIENT PROVISIONS 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.

32. Amendment Approval Process At the Federal level, was approved by unanimous decision. STATE CONGRESSES At the local level, 16 State congresses were needed. The Congress sent the Constitutional Amendment for publication to the Executive on June 13, 2007.

33. 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

34. Requests by Geographical Area 5 out of 32 States controls the 62.3% of all requests.

35. National Poll: Are you aware of the existence of the Federal Institute of Access to Public Information? Fuente:Redes, Bimsa, Estratégica Rvox

36. National Poll: Are you aware of the existence of Federal Transparency and Access to Public Information Law? Fuente:Redes, Bimsa, Estratégica Rvox

37. www.ifai.org.mx alonso.lujambio@ifai.org.mx jose.jarero@ifai.org.mx TEL. +(5255) 5004 2400

38. Petitioner’s profile