FEDERAL TRANSPARENCY AND PUBLIC GOVERNMENT INFORMATION ACCESS ACT (FTPGIAA) José Luis Marzal Ruiz Federal Institute of Access to Public Information and Data Protection (IFAI) April 2013

Mexican Federal Transparency Act Goals Expedite procedures for everyone to access public information in federal government archives. Facilitate a transparent public administration through widely known government information. Guarantee personal data protection. Foster public accountability.

Information Access Procedure under Mexican Transparency Act Citizen sends an information request through INFOMEX Federal government secretary or agency receives the information request and answers it Citizen receives the response and analyzes it YES END OF PROCEDURE NO Citizen appeals filed thru IFAI IFAI’s Plenary resolves revoking, modifying or confirming the response given by federal government secretary or agency Federal government secretary or agency follows IFAI’s Plenary resolution and delivers information requested Does the citizen agree with the response?

Data Systems Since Mexican Federal Transparecy Act was put in place, requests to access public information or personal data, as well as their correction, were registered in an electronic information system (INFOMEX). Responses to information requests were also made through INFOMEX. A “case management” system was developed for contesting appeals, filed to IFAI, to government responses and notifying IFAI’s Plenary resolutions to citizens. A website, known as “Federal Government Obligations of Transparency Website” (POT) was implemented to make it possible to federal government secretaries and agencies to load compulsory information.

Electronic Information System (INFOMEX) Electronic tool through which citizens practice their right to access public information. INFOMEX system registrates and follows up information requests responses. Legal basis for INFOMEX are article 6 of the Mexican Political Constitution and the Federal Transparency Act.

Federal Government Obligations of Transparency Website (POT) POT discloses: Compulsory information federal government secretaries and agencies shall publish, without the need to make an information request. Information regarding federal public management, as well as the use of government resources. Information publishes shall be clear and complete, ensuring quality, veracity, timeliness and reliability.

FTPGIAA Implementation Operation Compliance Successes and problems Information Monitoring and Analysis Cycle Systems development (data collection mechanisms) Information analysis and indicators design Rules and guidelines Indicators monitoring Law reform proposal TRANSPARENCY AND ACCOUNTABILITY

Responses to Information Requests (RSI) Put in place in 2009, it aims to encourage federal government secretaries and agencies to improve the responses they give to citizens. Alignment to Law of Criteria, and IFAI’s Plenary Resolutions and their Behavior (A3C) Put in place in 2004, it is to identify the performance of federal government secretaries and agencies aligning to IFAI’s criteria and their compliance, with times and ways established by Law, as well as notifying IFAI’s Plenary resolutions. Obligations of Transparency (ODT), under article 7 of Federal Transparency Act Put in place in 2004, indicates effectiveness percentage of compulsory information publication by all federal government secretaries and agencies in the Federal Government Obligations of Transparency Website (POT) with standard digital format and internet navigation. Service Offered by Liaisons Units (AUE) Put in place in 2004, measures --under a mystery shopper scheme-- the infrastructure of federal government secretaries and agencies’ liaison units and assesses the level of service in face-to-face information requirements. 9 Indicators System

Regarding the response to citizen’s informaton request : - Does it answer all the questions? - Are its elements conguent? - Does it state the name and charge of the official who is responsible of the information provided? - Was it delivered within the time established by Law? Responses to Information Requests (RSI) Indicator Electronic Information System (INFOMEX) Expedite procedures for everyone to access public information in federal government archives Foster public accountability FTPGIAA’s Mechanisms and Indicators

Responses to Information Requests (RSI) Indicator 11. Statistical tool used for evaluating the quality of the responses given to citizens’ information requests. It is calculated using a sample (with a confidence level of 95%) of federal government secretaries and agencies’ responses of the former semester (January-June or July- December). Although monitoring is permanent, rating is done every six months. The scores are officially communicated to the Information Committees of federal government secretaries and agencies.

Alignment to Law of Criteria, and IFAI’s Plenary Resolutions and their Behavior (A3C) Indicator Analyzes the behavior of contesting appeals filed to IFAI in which IFAI’s Plenary resolved to modify or revoke government responses given to citizens’ information requests. I. Trend Component Evaluates the degree of alignment of federal government secretaries and agencies aligning to IFAI’s Plenary criteria. II. Alignment to Criteria Component Calculates the compliance with times and ways established by Law of IFAI’s Plenary resolutions. III. IFAI’s Plenary Resolutions Compliance Component

Are the 17 sections governed under article 7 of Federal Transparency Act published? Is all data established by Law presented in each of the 17 sections? Is infomation published updated? Is it consistent within the 17 sections? Obligations of Transparency (ODT) Indicator, under article 7 of Federal Transparency Act Federal Government Obligations of Transparency Website (POT) Expedite procedures for everyone to access public information in federal government archives Foster public accountability FTPGIAA’s Mechanisms and Indicators

Public Policy Adjustment Indicators Problem: 53% of IFAI’s Plenary modifying or revoking resolutions, in which citizens appealed to responses given by federal government arguing lack of the requested information, were not followed by secretaries or agencies. The information denials were justified under article 42 of Mexican Transparency Act which states: “Secretaries or agencies shall only deliver the documents found in their archives. Right to access to information will be accomplished when the existing documents are put at citizens’ service for consultation in the place where they are located; and also by giving citizens the possibility to photocopy, get certified copies or any other mean of duplication.” Proposal: Mexican Transparency Act amendment to force institutions to produce and to deliver the information under their field of action, regardless if it is or not found in their archives.

SourceActual condition Proposed solution All the involved agents Amendment of articles 24 and 25 of Mexican Transparency Act to set in 20 working days the deadline for responding information requests (access to public information or personal data, as well as its correction) Feed-back Liaison units and IFAI’s secretariats and main offices Discussion meetings to identify the current situation and its causes, and evaluate different alternatives to problem solving Information analysis and problem identification Official deadlines statistics Persistent delay in the responses to access to personal data requests, which response is due in 10 working days Data collectionINFOMEXData bases with information requests and its responses Operational level Strategic level Specific problem solution proposal: Responses deadlines

SourceActual condition Proposed solution All the involved agents - Creation of an electronic tool to publish the compulsory information - - Change of the evaluation procedures - Implementation of a warning alert based on responses due dates Feed-back Compliance evaluation of the 17 sections of article 7 of Mexican Transparency Act Definition of problem cause and origin, and its possible solution Information analysis and problem identification Federal government secretaries and agencies websites, as well as POT - - There were several electronic platforms for information publishing - - Institutions updated information just before the evaluation period - - Information published was inconsistent within the different sections Generic problem solution proposal: POT Operational level Strategic level

SourceActual condition Proposed solution All the involved agents Amendment of Mexican Transparency Act to broaden out the compulsory information scope Subject identification Statistical reports Statistical reports analysis in which it was evident that there were increasing information requests with subjects not obliged in the 17 sections of article 7 of current Mexican Transparency Act (travel allowances, résumés, public relations expenses, information specific to judicial power, etc.) Data analysis Information requests subjects and 17 sections of article 7 of Mexican Transparency Act published at POT Subjects of information requests identification and hits at POT 17 sections Data collection INFOMEX and POT Data bases with information requests and POT hits Accountability Fostering Operational level Strategic level