Mexico's Ongoing Journey Towards Information Rights

In June 2002, Mexico passed its first secondary law on the right to information, expanding access thanks to civil society's activism. As new regulations are prepared, it's crucial to reflect on the necessary measures to ensure transparent public information for all citizens.


Mexico's Ongoing Journey Towards Information Rights

In 2002, after a process of co-creation, dialogue, and negotiation, all political forces approved the first secondary law on access to information. This approval marked a significant milestone that allowed the expansion of the scope of the right to information, thanks to the activism and collaboration between civil society organizations, guarantee bodies, and legislators. Since then, the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) has played a crucial role, always remaining independent, technical, specialized, and adhering to the law.

In a broader context, in 1977, during the political reform in Mexico, the right of access to information was incorporated into the Constitution. This step aimed to strengthen democratic exercise, freedom of expression, and the plurality of ideologies in the media so that citizens could vote in an informed manner. However, at that time, the right to know was not established as an individual guarantee but as a means for political parties to access electronic communication media for free.

After almost two decades, in 2001, the Oaxaca Group, a civil society group, promoted the importance of freedom of information for democracy and society at the national level. This push led to the promotion of a citizen's right to access information in the hands of authorities, as well as the implementation of a minimal exceptions regime and the creation of an independent authority to resolve disputes.

In 2014, a constitutional reform was achieved that expanded the catalog of obligated subjects and granted autonomy to the INAI, turning it into a national authority on the matter. This was a democratic milestone that modified the relationship between society and government, fostered accountability, and promoted citizen participation in public affairs. On the eve of the presentation of the secondary legislation that will regulate changes to Article 6 of the Constitution, it is essential to reflect on the scope that this regulation must consider to continue guaranteeing the right of all Mexicans to public information.