Federal Institute for Access to Public Information Juan Pablo Guerrero Amparán Commissioner March 2007

Information Federal Act in Mexico: an assessment of impacts and limits ( )

Presentation outline Information Federal Act: Main Characteristics Mandatory Public Information & New Transparency Web Site Information Requests Appeals filed Before IFAI How Many Use the Right to Know? Requests in the States: the local challenge Constitutional Reform INFOMEX (E Based Access) Success Stories Weaknesses & Resistance

IFA: Main characteristics Mandatory Government information on Internet Rules for access and classification Communication & protection of private data Record keeping & archives organization No need for ID nor justification of request Universal, free & easy access (E-based access) Administrative Court (enforcement & appeals) Requesters can appeal to Judiciary

IFAI Authority in the Executive Branch (Federal P.A.) Five Commissioners: President appointments, Senate can object Tenure (7 years appointment) Legal autonomy: Decision, budget & administrative Rulings are mandatory for Federal Executive Branch

Mandatory Information on Internet Directory, organizational structure, services Salaries & benefits of public officials Budget, public finances Contracts, procurement, concessions, permits, authorizations Subsidies, participation mechanisms Audit results, legal framework (regulations)

portaltransparencia.gob.mx New Transparency Web Site 1. Standard search devise 2. A single site for consultation per agency or activity In March 2007, Federal Agencies included in the site represent 60% of requests

1. Requests can be filed electronically 2. Information can be posted on the site 3. Time for notification is reduced 4. Permanent follow-up of the status 5. Information posted for other requesters is available 6. Further information can be required through SISI 7. Costs & Payment are processed through the System 8. Appeals can be lodged through SISI. 9. Several reports and statistics can be generated

ZOOM – Requests & responses are public Zoom: search tool for requests, responses & appeals Includes IFAI research papers, analysis & internal reports

*If we compare 2006 and 2007, it is clear the significant increase in the number of requests. Accumulated number of information requests Up to February 28th, 2007

Number of appeals increased during Three hypothesis: 1.) Agencies are disclosing less; 2.) Requests are more complex and relevant; or 3.) Petitioners are more familiarized with IA Accumulated number of appeals filed before IFAI Up to February 28th, 2007

Information requests and Appeals Up to February 28 th

Frequent Users (March 2007) Individual users - RangePercentage of Requests requests requests requests requests and more26.2 The highest number of requests made by a single user is 1,133

How many users? 183,000 request up to march 2007 (SISI) 72,000 SISI users 10,000 users have made 122,000 requests (63%) 366 users have made 26 % of the requests 153 users have made 18.5 % of the requests

Requests by States February 2007

Requests by states Up to February 28th

Right to know in the Mexican Constitution Article 6.[...] The State will guaranty the right to information. (1976)

1. Approved reform (Deputies), Art. 6 Government information is public by definition It can be classified if that is in the public interest Principle of maximum publicity must prevail Protection of privacy rights & private data No ID nor justification needed for requests

2. Approved reform (Deputies, March 2007) Free and easy access (E based access) An independent body to review complaints All expenditures involving public funds are to be disclose Sanctions must be incorporated

Implications to State Government Regulations (Current situation, 2007) STATEAGSBCBCSCAMPCOAHCOLCHISCHIDFDUR E- Based Access YES E-Based Comm of Private Data YES Relevant Mand. Info. YES

Implications to Local Government Regulations II (Current situation, 2007) STATEMEXGTOGROHGOJALMICHMORNAYNLOAX E- Based Access YES E-Based Comm of Private Data Relevant Mand. Info. YES

Implications to Local Government Regulations III (Current situation, 2007) STATE PUEQROQ-ROOSLPSINSONTABTAMPSTLAXVERYUCZAC E- Based Access YES E-Based Comm of Private Data YES Relevant Mand. Info. YES

Implications to Local Government Regulations IV (Current situation, 2007) 32 STATESYESNO Electronically Based Access 1022 Electronically Based Communication & correction of Private Data 230 Relevant & Complete Mandatory Information 923

INFOMEX IFAI – World Bank IDF Federal model of electronically based access transferred to local government IFAI transfers technology & provides training World Bank assures funds, ability to mobilize & credibility

INFOMEX IFAI – WB IDF –current situation States: AGS, BC, CHI, DF, NL, JAL (soon: CAMP, MOR, VER) Municipalities: Guadalajara, Monterrey, Mexicali, Puebla, Durango (so far 7) Challenge: integrate 32 States and over 250 municipalities in short period of time

IFA, Success stories I Savings & Loans Security Commission (IPAB-Fobaproa): accountability in banking system rescue Public Funds & Trusts (transparency vs banking secrecy) Personal access to medical files

IFA, Success stories II Violators, infractions & fines for braking federal regulation (Environment, Transportation, etc.) International PEMEX’s clients Evaluation to schools

IFA, Success stories III PEMEX-GATE: public version of law suit files regarding illegal electoral funding Files on political repression & assassinations in 1971 (genocide) Donations to labor unions and other organizations (Art. 69 PEF 2006)

IFA, Success stories IV Transparency in military procurement & National Defense Plans Access to geographical location of direct subsidy allocation (Oportunidades)

IFA - Weaknesses Inexistence of documents is legitimated Administrative sanctions depend on Department subordinated to the President Classifies information related to any on- going administrative process Does not regulate local government

IFA - Resistance I Law-suits against IFA (Departments, agencies) Law-suits against IFAI rulings (public servants) Inexistent information (archive chaos) Legal initiatives to undermine IFAI’s authority

IFA - Resistance II Lack of compliance with IFAI’s rulings New legislation initiatives with transparency exemptions (National Defense, Housing, Budget, Navy Law, etc) Handicapped State Access Laws