Recent announcements from President Andrés Manuel López Obrador regarding the potential dissolution of the National Institute for Transparency, Access to Information and Data Protection (INAI) in Mexico has sparked discussion on the implications for public access to information and privacy rights.
INAI, since its inception, has served as an autonomous body with the responsibility of upholding data protection and access to public information for Mexican citizens. It has been instrumental in allowing individuals to exercise their right to privacy and facilitating journalists and activists in acquiring information to report on government operations and societal issues.
The proposal, made on January 7, 2021, is part of a broader plan to restructure several autonomous government agencies. The INAI, known for compelling public bodies and other entities to comply with freedom of information requests and personal data inquiries, is among those targeted for elimination. This body also has the authority to impose sanctions on those failing to fulfill its mandates.
Before the establishment of the IFAI in 2002, which later evolved into the INAI, Mexico was characterized by a norm of governmental secrecy. This made it difficult for the public to learn about or influence the information the government held. The INAI’s resolutions, especially after its transformation in 2013 which granted it legal autonomy and enforceable resolutions, have been pivotal in various high-profile transparency cases.
One notable case is the 2015 INAI decision that compelled the release of investigative details into the disappearance of 43 students from Iguala, Guerrero, which uncovered significant inconsistencies in the official accounts. The INAI has also enabled the discovery of mass graves and the exposure of corruption, impacting public sectors like healthcare and education.
The current Mexican administration, however, has proposed that existing government entities such as the Ministry of Public Administration and the Supreme Audit Office of the Federation could assume the responsibilities of the INAI. These suggestions have raised concerns about the independence and efficacy of such a transition, given that these bodies are answerable to the same government branches they would be tasked with auditing.
The international legal framework obliges Mexico to maintain an independent body with the authority to ensure timely access to official information and to oversee personal data protection compliance. The ability to appeal against decisions that deny access to public information is also a key component of this framework.
The discussion around the INAI’s potential dissolution is ongoing, and its outcome will likely have significant implications for transparency, privacy, and public accountability in Mexico.
