Mexico: The New Federal Law for Transparency and for Access to Governmental Public Information in Mexico

Mexico is living an era where relevant social and political changes are occurring for the first time in history. New ideologies and principles are ruling the Nation’s life, for which transparency proceedings of public administration and the increasing demand from the society to obtain clear accounts from our government leaders, have motivated a constant searching to adapt existing institutions and create new ones to make Public Administration more efficient and to foster citizenship participation.

The Mexican government, taking into consideration its national and international duties, has been devotedly immersed in the task of promoting a transparency culture, and full access to information, which strengthens democracy and social values.

Within this constant search for mechanisms to increase legal security and strengthen a democracy, a Federal Law for Transparency and for Access to Governmental Public Information emerges, with the latter feature attempting to establish elementary principles and procedures to have access to information under the Government possession.

The Law in question emerges from a joint effort comprising all government levels, in order to foster dialogue, as well as democratic mechanisms to improve social welfare and to strengthen the country’s transparency process in like manner.

The Federal Law for Transparency and for Access to Information offers a plurality of benefits that until now could not be demanded, due to the absence of applicable laws. Following this order of ideas, the Law allows the implementation of a fundamental concept foreseen by article 6 of the Mexican United States Political Constitution.

According to the existing global political and economic frame we face nowadays, this Law finds its inspiration on several international legal codes and intends to guarantee full access to any kind of information being under the possession of bound entities, among which we can mention the Federal Executive, Legislative and Judicial Powers, as well as autonomous constitutional organisms.

Thus, transparency and access to information find limits only on that kind of information which, according to its nature, scope or transcendence on national life, should be kept restricted to the general public. Likewise, all information classified as restricted as such, according to other laws currently in force in our country, for example, the Industrial Property Law, shall be kept classified as restricted as well.

Notwithstanding the above, the Federal Law for Transparency and for Access to Governmental Public Information has ruling deficiencies and, in some cases, lacks rules which can foresee specific situations; so that over time and with experience, it should be corrected to avoid confusions and misinterpretations that could prevent transparency and access to information under the Government’s hands.

Despite the above mentioned imperfections, this Law completes an unprecedented governmental effort which reinforces democracy, as well as democratic institutions in our country.

We can anticipate that the new Federal Law for Transparency and for Access to Governmental Public Information will be of great assistance to IP lawyers in order to assure access to the information and intensify the legality status. However, we will have to wait some years in order to evaluate all the scope and benefits of this law.