Ernesto Velarde Danache, General Law of Transparency and Access to Public Information

On May 5, 2015, the Mexican Federal Government published in the Official Gazette of the Federation the decree that issues the General Law of Transparency and Access to Public Information, which its main purpose include the following:

  • Distribute authorities between the guarantor bodies of the Federation and the Federal States with respect to transparency and access to the information;
  • Set the minimum basis governing procedures to ensure the right of access to the information;
  • Establish uniform procedures and conditions in the exercise of the right of access to the information through simple and expeditious procedures;
  • Regulate legal remedies and procedures for bringing actions of unconstitutionality and constitutional controversies by the guarantors Agencies;
  • Establish the bases and the information of public interest that must be disseminated proactively;
  • Regulate the organization and functioning of the National System of Transparency, Access to the Information and Personal Data Protection and establish the bases of coordination among its members;
  • Promote, encourage and disseminate the culture of transparency in the exercise of public functions, access to the information, public participation and accountability, through the establishment of public policies and mechanisms to ensure the publication of information on a timely manner, verifiable, understandable, current and complete, which is distributed in the most appropriate and accessible formats to the public and considering at all times the social, economic and cultural conditions of each region;
  • Promote citizen participation in public decision-making in order to contribute to the consolidation of democracy, and
  • Establish mechanisms to ensure compliance and effective implementation of enforcement measures and penalties that correspond.

The corresponding law will be in effect as of May 6, 2015. For further reference please go to http://dof.gob.mx…┬áto view the Spanish version of said decree.

 

Ernesto Velarde Danache

Mexican Attorney

Ernesto Velarde Danache

Danache, Inc.

www.velardedanache.com

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