New Transparency Law Proposed in Mexico

The newly proposed transparency law in Mexico aims to create an organ called Transparency for the People, with expanded grounds for information reservation but no increases in penalties for non-compliance.


New Transparency Law Proposed in Mexico

The head of the Executive presented a new transparency law proposal that includes the creation of an organization called Transparency for the People. If approved, this entity will be responsible for resolving complaints that were previously handled by Inai. Additionally, it includes the creation of specialized courts and tribunals in transparency matters, which will be able to access classified information as a last resort to resolve these complaints, and must be operational within 20 days of the law coming into force.

Another key measure of this new law is the establishment of the National System for Access to Public Information within 60 days of its publication. This system will define the cross-cutting transparency policy and will be represented by a National Council composed of various relevant governmental entities in the matter.

The proposal also expands the grounds for withholding information, establishing that information may be withheld if its disclosure would cause greater harm to the public interest and is directly related to pending administrative or judicial proceedings. Additionally, it includes projects whose publication could be detrimental to the state's interest.

Regarding sanctions, the law does not increase existing punitive measures, maintaining public reprimands and fines ranging from 150 to 1,500 measurement and update units (UMAs). The periods for withholding information, which can extend up to five years with the possibility of prolonging them for an equivalent period, are also unchanged.

The creation of a Transfer Committee composed of Inai officials is highlighted, which will be responsible for managing the transfer of resources and matters related to the dissolution of the institute, in case this new law is approved.