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FEDERAL TRANSPARENCY AND PUBLIC GOVERNMENT INFORMATION ACCESS ACT (FTPGIAA)
José Luis Marzal RuizFederal 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 agreewith 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
OperationCompliance
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
9
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.
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
11
Responses to Information Requests (RSI) Indicator
• 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.
Source Actual 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 collection INFOMEX Data bases with information requests and its responses
Op
era
tion
al l
eve
l
S
tra
teg
ic le
vel
Specific problem solution proposal: Responses deadlines
Source Actual 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: POTO
pe
ratio
na
l le
vel
Str
ate
gic
leve
l
Source Actual 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 FosteringO
pe
ratio
na
l le
vel
Str
ate
gic
leve
l