Public Information Request

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What is a request for access to public information?

It is a document that people submit to the Transparency Units of Obligated Subjects, by which they can request access to public information found in documents that they generate, obtain, acquire, transform or keep in their files.

In the generation, publication and delivery of information, it must be guaranteed that it is accessible, reliable, verifiable, truthful, timely and will meet the needs of every person's right of access to information.

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To whom can a request for access to information be submitted?

The information may be requested from any authority, entity, body, and body of the Executive, Legislative, and Judicial Powers, autonomous bodies, political parties, trusts, and public funds, as well as any individual, legal entity, or union that receives and exercises public resources. or carry out acts of authority at the federal, state and municipal levels (all of them known as regulated entities); This information can be about any activity they carry out, as well as about the performance, if any, of public servants.

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Is any information held by the government public and therefore can I request it?

The LFTAIP establishes that all the information held by regulated entities at the federal level, and to which the General Law of Transparency and Access to Public Information (LGTAIP) refers, is public, except that which is classified as reserved or confidential.

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What is the reserved information?

Confidential information is information whose disclosure could: a) compromise national security, public safety or national defense and has a genuine purpose and demonstrable effect; b) may undermine the conduct of negotiations and international relations; c) it is delivered to the Mexican State expressly with that character or that of confidentiality by another or other subjects of international law, except in the case of serious violations of human rights or crimes against humanity in accordance with international law; d) may affect the effectiveness of the measures adopted in relation to the country's monetary, exchange or financial system policies; may jeopardize the stability of financial institutions likely to be considered systemic risk or of the country's financial system, may compromise security in the provision of national currency to the country, or may increase the cost of financial operations carried out by regulated entities. from the federal public sector; e) may endanger the life, safety or health of a natural person; f) obstruct verification, inspection and audit activities related to compliance with the law or affect the collection of contributions; g) obstructs the prevention or prosecution of crimes; h) that which contains the opinions, recommendations or points of view that are part of the deliberative process of public servants, until the final decision is adopted, which must be documented; i) obstructs the procedures to hold the Public Servants accountable, until the administrative resolution has been issued; j) affects the rights of due process; k) Violates the conduct of the judicial proceedings or the administrative procedures followed in the form of a trial, as long as they have not caused a state; l) is contained within the investigations of facts that the law indicates as crimes and are processed before the Public Ministry, and m) those that by express provision of a law have such a character, provided that they are in accordance with the bases, principles and provisions established in this Law and do not contravene it; as well as those provided for in international treaties.

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What is confidential information?

Confidential information is considered to be that which contains personal data concerning an identified or identifiable person.

Confidential information is also considered: banking, fiduciary, industrial, commercial, fiscal, stock and postal secrets, whose ownership corresponds to individuals, subjects of international law or obligated subjects.  when they do not involve the exercise of public resources.

Likewise, confidential information will be that which is presented by individuals to the obligated subjects, provided that they have the right to do so, in accordance with the provisions of the laws or international treaties.

Confidential information will not be subject to any temporality.

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Who can submit a request for access to public information and to whom?

Any person by themselves or through their legal representative.

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Should it be justified why an individual requires certain public information?

No. You should not give any explanation as to why you require certain information or what you will use it for.

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What instance should process requests for access to public information?

The Transparency Units of Obligated Subjects are the bodies responsible for receiving and processing requests for access to information submitted by individuals.

The Transparency Units must help individuals in the preparation of requests for access to information and, where appropriate, guide them on the competent regulated entities in accordance with the applicable regulations.

The INAI does not collect information from the Obligated Entities,  nor does it have the power to request it on behalf of individuals. If you make a request to the INAI, the INAI, in its capacity as obligated subject, must only provide you with information that is in its files and, therefore, is related to its powers and attributions.

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How many days do the regulated entities have to respond to a request?

The response to the request must be notified to the interested party in the shortest time possible, which may not exceed  20 days,  counted from the day following its presentation. Exceptionally, the aforementioned period may be extended for up to 10 more days, as long as there are well-founded and motivated reasons.

In the event that the requested information cannot be delivered or sent in the method chosen by the applicant, the obligated party must offer another or other methods of delivery.

If a request is not answered within the stipulated period, in the event that access proceeds, the reproduction and shipping costs will be borne by the obligor.

In the event that the obligated subjects do not provide a response to your request, the INAI may intervene if you file an appeal for review

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What can I do if the information is denied or it is given to me incomplete?

If you requested public information that is in the possession of any authority, entity, body and agency of the Legislative, Executive and Judicial powers, autonomous bodies, political parties, trusts and public funds, as well as any individual, legal entity or union that receives or exercises federal public resources or performs acts of authority and the information was denied or incomplete, you have the right to file an appeal for review.

The INAI intervenes until the time this appeal is filed.

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Where can I submit a request for access to public information?

You can submit a request for information through the following ways:

1. Going personally to the Transparency Unit of the regulated entity.
2. By electronic means through the Internet, using the National Transparency Platform: http://www.plataformadetransparencia.org.mx/

In this case, you will be automatically assigned a folio number with which you can track your request.

3. By email, postal mail, courier, telegraph, verbally or any means approved by the National System, addressed to the Transparency Unit of the regulated entity whose information is requested.

It is important that you keep a receipt that proves the date on which you submitted your request for access to public information.

4. In the office or offices designated for it.

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What are the requirements to submit a request for information?

• Name or, where appropriate, the general data of your representative (optional)
• Address or means to receive notifications.
• Description of the requested information.
• Any other information that facilitates your search (optional).
• Modality in which you prefer to grant access to information (verbal - as long as it is for orientation purposes -, direct consultation, through the issuance of simple or certified copies or reproduction in any other medium, including electronic ones).