53

REGULATIONS OF THEFEDERAL LAWOF TRANSPARENCY ANDACCES TO PUBLICGOVERNMENTINFORMATIONPublished in the Federal Official Newspaper of June 11, 2003

GeneralProvisions

Chapter

55

REGULATIONS

These regulations have the purpose ofregulating the provisions set forth in theFederal Law of Transparency and Access toPublic Government Information, regardingthe Federal Executive Power, its departmentsand entities and, generally, any otherorganization that is part of the Federal PublicAdministration.

Article 1

Petitioners can request from the departmentsand entities hard copies of the informationavailable to the public by electronic means. Forsuch effects, the departments and entities willobserve the provisions set forth in Article 9 ofthis Code.

Article 3

Aside from the definitions contained in Article3 of the Federal Law of Transparency andAccess to Public Government Information, forthe effects of these regulations, the conceptslisted below shall be understood as follows:

I. Classification: Action by which it isdetermined that the information underthe care of a department or entity isprivileged or confidential;

II. File: a set of documents;

III. Guidelines: those administrative acts witha general character issued by the FullInstitute and which have mandatoryobservance;

IV. Publication: the reproduction by electronicor printed means of the informationcontained in documents to be disclosed tothe public;

V. Recommendations: opinions, proposals,suggestions, comments and other actsissued by the Institute;

Article 2

VI. Public resources: human, financial andmaterial resources available to adepartment, entity or any other federalorganization and that is used toaccomplish its objectives and producegoods, or provide services within itscompetence; and

VII. Enabled public servants: Public servantscapable of receiving and processingrequests for access to information,personal data and their correction, inadministrative units other than the LiaisonUnit of a department or entity.

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The departments and entities can establishcollaboration mechanisms with each other orwith the Institute to fulfill the obligations setforth in the Law, this Regulation and theguidelines issued by the Institute, particularlyregarding transparency obligations,procedures for the access to information,personal data and its correction, as well as forthe implementation and operation of theLiaison Units and Committees.

Article 5

The Institute will issue the necessary guidelinesand recommendations to ensure and promotethe fulfillment of the Law and this Regulation.

Article 6

The Federal Law of Administrative Proceduresshall be applied as a supporting law in all ofthat is not against the Law.

Article 7

Newly created departments and entities willhave a term of six months from the date oftheir creation, pursuant to the correspondingjuridical instrument, to comply with theobligations stated in the Law, this Regulationand the guidelines issued by the Institute. Inthe case of mergers, the combined entity mustcomply with the obligations that correspondto those that were merged.

Article 4

Chapter

Transparency Obligations

58

Departments and entities must makeavailable to the public all informationcontained in article 7, according to thefollowing:

I. Each department and/or entity LiaisonUnit shall be responsible for the publicavailability of the information;

II. The information must be readily availablefrom a general public accessible Internetwebsite, visible from the department orentity’s website homepage, indicating itsupdate date, as well the Internet link tothe Institute.

III. The information must be presented in aclear and complete manner, insuring itsquality, truthfulness, opportunity andreliability; and

IV. The same Internet websites must providethe electronic addresses, postal addressesand telephone numbers of the LiaisonUnity, the names of the enabled publicofficers and the name of the individualresponsible for the mentioned site.

Information referred to in Article 7 of the Lawcan be classified pursuant Articles 26 and 27of this Regulation.

Article 8 Article 9

All departments and entities must create aphysical area and appoint the necessarypersonnel to address and direct the publicregarding access to information matters.Computers with access to the Internet mustbe available within this same space, so thatpetitioners can access the informationpublished in the corresponding departmentor entity website, as well as to promoteelectronically the requests hereby referred to.Furthermore, necessary printing equipmentmust be therein available in order to allow theusers to print the desired information, asfound in the mentioned Internet site.

Article 10

Departments and entities shall update theinformation included in Article 7 of the Law, atleast every three months, unless otherwiseindicated in this Regulation and/or other legalprovisions.

This information shall remain on the Internetwebsite, at least, during its valid term.

The principals of the administrative units shallbe responsible for submitting thecorresponding modifications to thedepartment or entity Liaison Unit.

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REGULATIONS

Article 14

Regarding information related to publicservants remunerations, as stated inparagraph IV of Article 7 of the Law,departments and entities are responsible forthe publication of the gross and netcompensation rates, as well as thecorresponding fringe benefits of thepermanent staff, the staff of trust, andfree-lance personnel. Furthermore,departments and entities shall disclose thetotal number of positions and free lancers,specifying the vacancies available peradministrative unit.

Article 15

Those departments and entities subject toitem A of the Third Chapter of the Federal Lawof Administrative Procedures shall publishtheir procedures and forms by means of anInternet link from their site to the FederalRegistry of Procedures and Services website.Those that are not subject to that Chaptermust publish such forms on their ownInternet websites and, whenever procedural,they must include elements that areequivalent to those mentioned in Article69-M of the Federal Law of AdministrativeProcedures.

Fiscal procedures and forms shall bepublished in the registry thereby provided for,in this matter by the Tax Ministry.

The Mexican Institute of Social Security andthe Institute of the National Housing Fund forWorkers shall publish their procedures andfiscal formats in the Federal Registry ofProcedures and Services of their own Internetwebsites.

Article 11

Petitioners shall inform the Institute aboutany refusal or inefficient service, as well asabout any updating failure of an Internet site,as referred to in the previous paragraphs. TheInstitute shall issue recommendations toensure and improve such services and willpromote that the interested party receives thecorresponding information.

Article 12

The information referred to in paragraphs I, II,V,VIII and XIV of Article 7 of the Law shall beupdated within a term of no more than tenworkdays from the date it was modified.

Article 13

The Directory of Public Servants mentioned inparagraph III of Article 7 of the Law shallinclude name, position, level of such positionwithin the organization structure, telephonenumber, mail address and, if available, faxnumber and electronic address.

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Article 16

All information related to the departmentsand entities budget and reports on theirexecution, as mentioned in paragraph IX ofArticle 7 of the Law shall be disclosed by theTax Ministry through its Internet website, andshall issue general provisions.

The period with which the public informationmust be updated cannot be shorter that theone used by the Federal Executive to report tothe Congress in compliance with the FederalExpense Budget.

All departments and entities must include alink to the Tax Ministry, in which thementioned information is deployed.

Article 17

For compliance with the provisions set forth inparagraph X of Article 7 of the Law, theMinistry of the Public Function and theinternal control bodies of the departmentsand entities, within the field of theirrespective competence, shall disclose thefollowing information:

I. The number and type of audits to beperformed during the respectivebudgetary exercise;

II. Total number of observations derived fromthe audit results for each item subject torevision; and

III. Regarding the follow-up of the auditresults, the total number of clarificationsmade by the department or entity.

The described information must be publishedwithin thirty days from the closing date ofeach quarter.

The publication of all information related tothe external audits performed tonon-concentrated bodies and entities shall bedeployed on their Internet websites, pursuantto the provisions of this Article.

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REGULATIONS

Article 18 Article 19

The departments and entities shall publish ontheir Internet websites within the first tenworkdays of the month of July of every year, atthe latest, the information related to incentives,supports and subsidies programs. Thisinformation must be updated every threemonths and contain, at least, the following ele-ments

I. Program name or denomination;

II. The granting or administrating unit;

III. The target or beneficiary population, as wellas a corresponding log with the names ofthe individuals or the official name ordenomination of the beneficiarycorporations;

IV. The granting criteria of the administrativeunit;

V. The term for which those were granted;

VI. The amounts; and

VII.Periodical results or reports on the progressof the programs.

Internal control bodies must include theinformation referred to in the previous Articlein the department or entity Internet website.The Ministry of the Public Function will havelinks to such websites from its own page.

The results of the audits, in regards to theirpublicity, must not contain information thatcan cause serious damage to the activities ofverification and of fulfillment of the laws,related to presumed responsibilities or ofanother nature and in general those that areprivileged or confidential in the terms of theLaw and this Regulation.

Those audit observations that could causeharm to administrative or jurisdictionalproceedings shall be disclosed once the issuesare definitively resolved and thecorresponding resolutions are enacted andcannot be appealed in any mannerwhatsoever.

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Article 21

Departments and entities must disclose ontheir Internet websites the informationrelated to the undersigned contracts forpurchases, leases, services, public works andrelated services, detailing in every case:

I. The administrative unit that made thecontract;

II. The contracting procedure;

III. The name of the individual or the officialname or denomination of the corporationinvolved with the contract;

IV. The date, purpose, amount and completionterms of the contract; and

V. Contract modification agreements, if suchis the case, detailing the elementsmentioned in the previous paragraphs.

Article 20

The departments and entities must publishon their Internet website the informationrelated to grants, approvals, and licensesissued. Such information must contain, as aminimum:

I. The identification of the grantingadministrative unit;

II. The name of the individual or the officialname or denomination of the corporationreceiving a concession, approval or license;

III. The purpose and term of the grant,approval or license, and

IV. In the case of concessions, the procedurethat was followed to grant it.

Article 22

The departments and entities, whentransferring public resources to the states ormunicipalities, must make the deliveredamounts public information, as well as thosereports referred to in Article 12 of the Law.

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REGULATIONS

Article 23

The information referred to in paragraph XIVof Article 7 of the Law will include theregulatory framework applicable to theperformance of the departments or entities,including the provisions that ruleexpenditures exercise and control.

Chapter

Publication of GeneralAdministrative Law Draftsand Provisions

65

REGULATIONS

Article 24

The departments and entities must publish ontheir Internet websites and at least twentyworkdays prior to their date of publication orsignature by the Federal Executive, the draftsof laws or administrative acts of generalapplication such as regulations, decrees,agreements, official Mexican standards,circulars, forms, guidelines, criteria,methodologies, instruction documents,directions, rules, manuals, or provisions whichhave the purpose of setting specificobligations in lack of competence conditionsand any other similar situation of the previousacts and with no exclusion in any case.

drafts of laws or acts that are intended to besubmitted for the signature of the FederalExecutive, the Juridical Council of the FederalExecutive shall publish them in the terms of theprevious Article.

The departments and entities shall request thespecial treatment stated in Article 10 of the Lawto the Juridical Council of the Federal Executive.Regarding drafts of laws, the Juridical Councilwill consider the constitutional and legal terms,as well as the session terms of the Congress.

In the special treatment requests mentioned inthis Article, the departments and entities mustprovide the justification of the emergency, orthose that prove that the advanced disclosurecould compromise the effects that are intendedto be achieved by such provision.

General administrative acts derived from theadministrative procedures related to disloyalinternational trade practices, as set forth in theLaw of Foreign Trade, are free form thepre-disclosure obligation, as it is consideredthat the intended effects could becompromised.

Article 25

The drafts mentioned in the previous Articleand which are subject to the Third A Title of theFederal Law of Administrative Procedures shallbe published through the Federal Commissionof Regulation Updates Internet website. In thiscase, the mentioned Commission will issue acertification on the compliance of suchobligation. The departments and entities shallrequest the treatment referred to in Article 10of the Federal Commission of RegulationUpdates, in terms of the Federal Law ofAdministrative Procedures.

The drafts of those laws or acts that are notsubject to the Third A Title of the Federal Law ofAdministrative Procedures must be publishedon the individual department or entity Internetwebsite; in the case of failing to do so and for

Chapter

Information Classification

67

REGULATIONS

Article 26

The departments and entities administrativeunit principals will classify the informationwhen:

I. The information is generated, obtained,acquired or transformed; or

II. A request for access to the information isreceived, in the case of documents with noprevious categorization.

Article 27

When classifying files and documents asprivileged or confidential, the administrativeunit principal must consider the damagepossibly derived from the disclosure of thosedocuments protected by Articles 13, 14, and 18of the Law.

Article 29

Notwithstanding the provisions contained inthe last paragraph of Article 17 of the Law, theInstitute can request a department or entityto submit a report on the contents of suchprivileged or confidential information. In caseof insufficiency, the Institute can request thedepartment or entity to submit informationon those elements that could allow thecorresponding classification.

Article 28

The Institute will set the guidelinescontaining the criteria for the classification,declassification and custody of privileged andconfidential information. The Committeesshall establish specific criteria whenever thenature or specificity of the information oradministrative unit demands so, provided ajustification is submitted and as long as thereis no contradiction with the guidelines issuedby the Institute. Such criteria and justificationmust be published on the departments orentities Internet websites, within tenworkdays after they are issued or amended.

Chapter

Privileged Information

69

REGULATIONS

Article 30

Files and documents classified as privileged orconfidential must exhibit a statementindicating such classification, theclassification date, its legal grounding, theperiod of the reserve, and the signature of theadministration unit ‘s principal.

Whenever a file includes both public andpri-vileged documents, those that are notprivileged or confidential must be disclosed. Ifdealing with a document partially privilegedor confidential, an redacted version of thedocument must be delivered. The copies ofthe delivered files or documents shallrepresent the corresponding public versions.

Article 32

An index of those files that are classified asprivileged or confidential shall be publicinformation, subjected to the availability andaccess obligations set forth in the Law andthis Regulation. Such index must contain:

I. Topic title;

II. The administrative unit which generated,obtained, acquired, transformed or keepsthe information:

III. Classification date;

IV. Legal grounding;

V. Reservation term; and

VI. The privileged or confidential portions ofthose files or documents, when applicable.

Article 31

The principals of the administrative units willcreate, pursuants the provisions included inArticle 17 of the Law, an index of those files thatare classified as privileged.

With the purpose of keeping such index dulyupdated, the administrative unit will submit itto the Committee within the first ten workdaysof the months of January and July of each year,as needed. The Committee will have tenworkdays for its approval; after such term, evenwith no determination from the Committee, itshall be deemed as approved.

Article 33

Privileged or confidential files shall be properlyprotected and preserved pursuant theguidelines issued by the Institute and, if such isthe case, the specific criteria issued by theCommittees. The department or entity principalmust be knowledgeable about the latter onesand insure that they are fit for the mentionedpurposes.

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Article 34

Privileged or confidential information can bedeclassified:

I. As of the due date of the reservationperiod;

II. When the facts that caused theclassification disappear;

III. When so is determined by the Committeein terms of Article 45 of the Law; or

IV. When so is determined by the Institute interms of Articles 17 and 56, paragraph III ofthe Law.

Article 36

Regarding Article 14 of the Law, those seriousbreaches of fundamental rights and crimesagainst humanity shall be considered, asestablished in the treaties ratified by theSenate of the Republic or in the resolutionsissued by international organizationsrecognized by the Mexican State ascompetent, as well as in the applicable legalprovisions.

Article 35

When under the judgment of a department orentity it is necessary to extend a file ordocument reservation period, thecorresponding Committee must make thecorresponding request to the Institute, dulygrounded and motivated, at least threemonths prior to the due date of thereservation period.

In absence of a reply from the Institute withintwo months after the date of the reservationperiod extension request, it shall beconsidered as affirmative in fact and thedocument will continue to be considered asprivileged for the requested period.

Chapter

Confidential Information

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Article 37

Confidential information is not subject to duedates and remains as such indefinitely, exceptby express written consent of the holder ofsuch information or by written order issued bya competent authority.

Article 38

Citizens who submit confidential informationto departments and entities pursuant to theprovisions set forth in Article 19 of the Lawmust indicate the documents or sectionswhere such information appears, as well as thegrounds of its confidentiality.

Article 39

For the effects of paragraph I of Article 22 ofthe Law, it shall be understood that theexpress consent of the information holder willnot be required, whenever the life or integrityof the person involved is in serious risk.

Article 40

So that the departments or entities canauthorize access to privileged or confidentialinformation, it shall be necessary to obtainexpress consent from the individuals who ownsuch information, by written document orequivalent authentification.

Article 41

When a department or entity receives arequest for access to a file or to documentscontaining confidential information and theCommittee considers such as pertinent, thedepartment or entity can request the holder ofthe information to approve its delivery and willhave ten workdays to reply to thecorresponding notification. The silence of theindividual shall be deemed as a refusal.

The Committee must allow access to the publicversions of those files and documents referredto in the previous paragraph where thesections or portions of privileged informationare deleted, even in those cases in which theindividual has been requested to grant his/herconsent, or when obtaining an express orimplied refusal from such individual.

Chapter

Organization of files

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Article 42

The National General Archives, in coordinationwith the Institute, will issue guidelinesregarding the organization, preservation, andproper handling criteria of department andentity files.

Article 43

Whenever the type of information or of theadministrative unit require so, theCommittees shall establish specific criteria forthe organization and preservation of thedepartment or entity files, provided that theguidelines mentioned in the previousparagraph are not infringed. Such criteria andtheir justification must be published on thedepartment and entity Internet Web Siteswithin ten workdays after those are issued ormodified.

Article 44

Every document under the care ofdepartments and entities shall be part of afiling system in compliance with theguidelines and criteria referred to in thisChapter; such system will at least include theentering process, the description for thegeneral group, subgroup and record, file,preservation, use, and final disposition,among others that are significant.

Article 45

The acts and procedures that are in processbefore the administrative units ofdepartments and entities, as well as the finalresolutions they adopt, must have supportingdocumentation.

Article 46

In compliance with the guidelines referred toin Article 42 of this Regulation, theCommittees will create a program containinga simple guide of the filing system of thedepartment or entity, with the purpose tofacilitate the location and the access of publicinformation. Such guide shall be updatedyearly and must include the necessarycustody and preservation measures for suchfiles. Furthermore, the Committees willsupervise the application of the guidelines orcriteria referred to in this Chapter.

Chapter

Personal Data Protection

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Article 47

The procedures to access personal data inpossession of departments and entities willguarantee the protection of individuals’rights, particularly regarding privacy, intimacy,as well as access to and correction of theirpersonal data in compliance with theguidelines issued by the Institute and otherapplicable provisions for the handling,maintenance, safety and protection ofpersonal data.

Article 48

Those departments and entities that havepersonal data systems must make available tothe Institute and to the public, through theirInternet Web Sites, the listing of such systemsin which the objective of the system, the typeof data thereby contained, the use, theadministrative unit that handling suchinformation, and the name of the responsibleindividual must be indicated.The Institute willmaintain an updated public listing of thosepersonal data systems made available to theInstitute.

Chapter

Information Reproductionand Delivery Costs

78

Article 49

Regarding Article 27 of the Law, access feesshall be understood as reproduction anddelivery costs for the requested information.

Article 50

In the case that the departments and entitieshave an electronic version of the requestedinformation, they can deliver it to thepetitioner free of charge or make it availablethrough an Internet Web Site, informing thepetitioner of the necessary data to accesssuch information.

Article 52

Those departments and entities that provideinformation services with commercial valuemay charge for these services, in terms of theapplicable juridical regulations.

For the consultation, procurement orreproduction by the departments and entitiesdatabases, with no privileged or confidentialinformation, their commercial value shall beconsidered and property of the correspondinglegal rights shall be respected.

Article 51

The departments and entities shall reproducethe requested information by simple orcertified copies, magnetic, optic, sound, visual,holographic or other media. In these cases, thepetitioners shall be charged for rights, use orproducts, as applicable, and the correspondingpayment must be made before reproducingthe information.

Except for the case of certified copies, thosecosts mentioned in the previous paragraphcannot be higher than that of the materialsused to reproduce the information. Such costsmust be published on the Internet Web Sitesof the departments and entities.

The costs for certified copies shall bedetermined according to the applicablelegislation and, in the case of entities, the costshall not be higher than those set fordepartments.

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REGULATIONS

Article 53

Except for certified copies and the provisionsin the second paragraph of Article 24 of theLaw, the reproduction of the informationresulting from the reply to a request foraccess to personal data or their correction,shall be free of charge.

Article 54

Provided there is no justified obstacle todoing so, the departments and entities mustaddress the petitioner’s requests regardingthe delivery means of the requestedinformation, which can be done by certifiedmail or courier with acknowledged receipt,provided the petitioners have covered the cor-responding service cost.

Article 55

The Institute and the Ministries of Treasureand Public Function will coordinate with eachother to establish and continuously improveassistance to facilitate the delivery ofinformation, reduce its costs and facilitate itspayment, preventing the physicaltransportation of petitioners to thedepartments and entities, their facilities,representations and delegations.

The Institute shall be a collaborator with theFederal Treasury for the collection of theinformation reproduction and delivery costs asset forth in the Law and this Regulation.

Chapter

On the Liaison Units and theInformation Committees

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REGULATIONS

Article 56

The principals of the Liaison Units willdesignate the enabled public servants forfacilities, representations and delegations ofthe department or entity in question, which willaid individuals in completing their requestsand, if applicable, will guide them through thedepartment, entity or other body that couldhave the information they request.

Article 58

The decentralized administrative bodies thathave an internal control body must establishtheir own LiaisonUnit and Committee.

When they have no internal control body, theprincipal of the decentralized administrativebody and the Committee of the department towhich the body is ascribed, will determine withmutual consent if their own Liaison Unit andCommittee are required, in attention to theorganizational structure, and to the type andamount of information it handles. If thedetermination is negative, the department orentity Liaison Unit and the Committee will alsobe those of the decentralized administrativebody.

When one decentralized administrative body hasno internal control body and the creation of theirown Link Unit and Committee is found to benecessary, the principal of the departmentinternal control body will become part of thecorresponding Committee.

The Inter-ministry Commissions and the AdvisoryCouncil will fulfill the obligations prescribed bythe Law, these Regulations and other applicabledispositions through the department LiaisonUnit and the Committee of the department orentity that performs the duties of technicalsecretary or its equivalent.

Article 57

The committees shall be integrated by theprincipal of the internal control body, theprincipal of the Liaison Unit and a publicservant appointed by the principal of thedepartment or entity. The members of theCommittees may only be replaced in theirduties by public servants specifically appointedby the member principals of those, and thereplacements must have the immediateinferior rank. Decisions must be made bymajority of votes.

When an entity has no internal control body,the Ministry of the Public Function shalldesignate the public servant who will enablethe Committee.

The Committees may include the publicservants they consider necessary to counselthem or support them in their duties, and willattend the sessions with a voice but no vote.

Each Committee will establish the criteria forits performance, which must predict thefrequency of their sessions, the public servantwho shall be deemed as president of it and themanner to give follow up to their resolutions.

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Article 59

The changes made by the departments orentities with regards to the public servants thatcomprise the Liaison Units or the Committees,must be displayed on their Internet websitewithin the immediate ten workdays after thosedecisions were made.

Article 60

The resolutions and criteria issued by theCommittees shall be published and madeknown in the corresponding department orentity Internet website within the next tenworkdays from their issuance date,notwithstanding that these were madeavailable to the public through an exclusivesystem determined by the Institute for thesepurposes.

Article 61

The Committees must submit to the Institute,through the systems that for this purpose itestablishes, within the first twenty workdays ofthe month of January of each year, all theinformation they have regarding:

I. The number and type of informationrequests submitted and their results,including those in which it was not possibleto find the information in the files.

II. Time spent in replying to the requests.

III. The status of the appeals promoted by theInstitute before the internal control bodies;and

IV. The difficulties observed in the fulfillmentof the Law, these Regulations and otherapplicable dispositions.

Chapter

Federal Institute of Accessto Public Information

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Article 62

Notwithstanding the provisions of Article 37 ofthe Law, the Institute may:

I. Design procedures and establish systems sothat the departments and entities receive,process and resolve the requests of accessto information, as well as to personal dataand their correction.

II. Establish systems so that the departmentsand entities can submit to the Instituteresolutions, criteria, requests, consultations,briefings and any other informationthrough electronic media, of which thetransmission guarantees, given the case,the security, integrity, authenticity,reservation and confidentiality of theinformation and generates electronicregistry of the dispatch and correspondingdelivery.

III. To perform visits or mandate that thedepartments and entities in order to assurethe proper classification or declassificationof information, or the procedure forgranting access to the same.

IV. Exercise other powers that the Law confer,these Regulations and other applicable dis-positions.

The Institute will publish in the Official FederalNewspaper the guidelines and otheradministrative acts of a general characterthereby issued.

The Institute will display on its Internet websitethe excerpts of their resolutions, includingthose on appeals, and any other informationthat it considers of interest.

Article 65

The Liaison Unit and the Institute’sCommittee will not have access to thefollowing information:

I. Information received from thedepartments and entities so that theInstitute acknowledges, verifies or ordersits classification or declassificationaccording to the dispositions of the Law,these Regulations and other applicableprovisions, and

II. That contained in the appeals files, as longas they have not been resolved.

Article 63

Article 64

The Plenary Meeting of the Institute willdesignate a Liaison Unit and will integrate theCommittee under the terms of the Law.

Chapter

On Access toInformation Procedures

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Regarding Article 40 of the Law, access toinformation requests can be filed by personaldocument, by the forms created by theInstitute for such purpose or by the systemthereby established. Both the forms and thesystem must be available in the Liaison Units,facilities, representations and delegations thathave enabled public servants, as well as in thedepartments, entities and Institute InternetWeb Sites.

The petitioner can indicate which person orpersons are authorized to file, if necessary, theappeals referred to in Articles 49 and 50 of theLaw in his/her request document.

The requests for access to information can bepresented personally or through arepresentative at the address of thecorresponding department or entity LiaisonUnit or in the address of its facilities,representations or delegations that haveenabled public servants. Furthermore, suchrequest can be filed by certified mail or courierwith acknowledged receipt and electronicallythrough the system thereby established by theInstitute for such purpose. In any event, theInstitute shall confirm or send to the petitionera receipt clearly acknowledging thecorresponding filing date.

Article 66

The representation referred to in Article 40 ofthe Law can be held by an authorized thirdparty with power-of-attorney signed beforetwo witnesses with no need of previoussignature ratification or any other formality.Therepresentation cannot be accepted when theaccess request is made by electronic means.

Article 67

Those petitioners must indicate whencompleting their request for access toinformation, the mechanism to be used for thecorresponding resolution notification, pursuantArticle 44 of the Law. Such notification can be:

I. Personally or through a representative inthe Liaison Unit address or in their facilities,representations and delegations that haveenabled public servants;

II. By certified mail or courier withacknowledged receipt, provided that in thislatter case, the payment of thecorresponding service is covered upon filingthe request; and

III. By electronic means through the systemestablished by the Institute, in which casethe petitioner must indicate that he/sheaccepts the same method to receivenotifications. The department or entitymust provide the petitioner with thepassword that allows him/her to access thesystem.

Article 68

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REGULATIONS

Whenever a petitioner files a request byelectronic means through the Institute system,it shall be understood that he/she accepts thatthe notifications are made by the same system,except if it is indicated different manner toreceive such notifications is preferred.

In case that the petitioner does not specify themanner in which he/she should be notifiedabout the resolution or does not cover thepayment for the courier service mentioned inparagraph II of this Article, the notification shallbe delivered by certified mail or by publicposting in a conspicuous place if an address isnot specified.

This Article shall be applicable in the case ofterm extension notifications referred to in thefirst paragraph of Article 44 of the Law.

Each department or entity Committee can setthe internal terms and procedures to processthe access requests, which must be dischargedin a maximum term of the twenty workdaysreferred to in Article 44 of the Law, including thenotification to the petitioner through theLiaison Unit. In failure to do so, such procedurewill adhere to the following:

I. Upon receipt of the request, the Liaison Unitmust submit it to the administrative unitsthat could have the information, within twoworkdays after receiving the request.

II. In case that the information is available andpublic, the administrative unit must sonotify so to the Liaison Unit, within fifteenworkdays after receiving the request fromthe said Unit, indicating, if applicable, thereproduction and delivery costs, accordingto the various methods included in Articles51 and 54 of this Regulation, or the source,place and manner in which the informationcan be obtained or reproduced, as well asthe corresponding costs if the information isrelated to the assumptions mentioned inArticles 42, third paragraph of the Law, and50 and 52 of the Regulation;

III. In the case that the administrative unitdetermines that the requested informationis privileged or confidential, both the accessrequest and a document grounding andmotivating the corresponding classificationshall be submitted to the Committee,within eight workdays after receiving therequest. The Committee can confirm,modify or revoke the mentionedclassification, and for that purpose, the

Article 70

Those Liaison Units receiving requests foraccess to information that are not in thepossession of the corresponding department orentity, must assist and give orientation topetitioners, through the means indicated in therequest and within the next five workdays, onthose departments or entities that could havesuch information. In such cases, the individual’spetition will not be considered as a request ofaccess to information in compliance with theLaw and this Regulation.

Article 69

Committee shall be able to access privilegedor confidential files or documents. In anyevent, it will issue a grounded andmotivated resolution;

IV. In case that the administrative unitdetermines that the requested informationcontains privileged or confidentialdocuments, or if a document containsportions or sections with this type ofinformation, both the access request and adocument grounding and motivating thecorresponding classification shall besubmitted to the Committee, within thesame term indicated above, as well as areproduction of the public version of thosedocuments that are not privileged orconfidential or from which those portionsor sections containing privileged orconfidential information have been deleted.The Committee can confirm, modify orrevoke the mentioned classification, and forthat purpose, the Committee shall be ableto access privileged or confidential files ordocuments. The Committee shall proceedpursuant to the provisions of Article 41 ofthis Regulation and issue a grounded andmotivated resolution; and

V. In case that the administrative unitdetermines that the requested informationis not in their possession, a reportdescribing this fact and giving directionrelated to the possible location of therequested information must be submittedto the Committee within five workdaysafter receiving the request from the LiaisonUnit. The Committee shall proceed incompliance with the provisions of Article 56of the Law.

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The Committees can decide to extend the termto reply to a request of access to information incompliance with the first paragraph of Article44 of the Law.The notification submitted to thepetitioner must explain in a grounded andmotivated manner, the reasons that justify thesaid extension. Negligence or carelessness bythe department or entity regarding the requestdischarge cannot be invoked as causes of theterm extension.

Article 71

Those Committee resolutions that deny accessto information or determine that the files ordocuments include privileged or confidentialportions or sections, the correspondingclassification must be grounded and motivatedand must state that the petitioner can file anappeal before the Institute, and provide thecorresponding form the Internet Web Site fromwhich the form can be obtained and file itthrough the Institute System, or furthermore,allow access to such system if so is requested.

Article 72

The Committees must issue those resolutionsreferred to in Articles 45 and 46 of the Law inthe fastest possible manner.

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REGULATIONS

Notwithstanding the provisions of Article 50 ofthis Regulation, the costs and methods for thereproduction of the information must bespecified, pursuant the provisions of Articles 51and 52 of the same Regulation, servingwhenever procedural, the petitioner’s request.

If such is the case, the information can be madeavailable to the petitioner by physicalconsultation at the department or entity,preferable and whenever possible, in theLiaison Unit address. If this is not possible, theLiaison Unit must make sure that theconsultation is performed in the properfacilities.

Article 73

The petitioners will have a term of threemonths after the resolution of access toinformation is notified to use said resolution.Therefore, they must start the consultation asindicated or cover the reproduction or deliverycosts accordingly. After such term, petitionermust file a new request for access toinformation with no liability for thedepartment or entity.

Article 75

Within ten workdays after notification is made,the requested information must be available tothe petitioner or representative in the LiaisonUnit address or in their facilities, representationsand delegations that have enabled publicservants, or through an Internet Web Site ordelivered in compliance with the provisions ofArticles 50 and 54 of this Regulation, asapplicable.

Whenever it is necessary to reproduce or deliverthe information in the terms of this Article, theten workdays term will start counting from thefirst workday after the petitioner has paid thecorresponding costs.

Article 74

Chapter

On Access Procedures andCorrection of Personal Data

91

REGULATIONS

Articles 66 and 68 of this Regulation areapplicable to the requests for access topersonal data and its correction, with thevariations referred to in this Article.

When filing their requests, the owners of thepersonal data or their representatives mustdemonstrate their personality in advance. Therepresentation must have a legal standing interms of the corresponding provisions. Theabove shall be applicable in the cases ofresolution notifications according toparagraphs I and II of Article 68 of thisRegulation, as well as its second paragraph.

The use of electronic means to file requestsand receive notifications on the resolutions,shall be limited to those cases in which thepetitioner has the certification of theelectronic identification means referred to inArticle 69-C of the Federal Law ofAdministrative Procedures.

The terms stated in Articles 24 and 25 of theLaw cannot be extended and the provisions ofthe second paragraph of Article 66 of thisRegulation will not be procedural.

Article 76

In the case that the terms and proceduresapplicable to the requests for access andcorrection of personal data are specified asservices or procedures in compliance withparagraph VII and VIII of Article 7 of the Law, theowners of the personal data must file theirrequests according the indications containedtherein.

Article 77

Each department or entity Committee canestablish the terms and the internal procedureto process the requests for access to personaldata, which shall be discharged within the termof ten workdays referred to in the firstparagraph of Article 24 of the Law, including thenotification to the petitioner through theLiaison Unit, and it will adhere to the following:

I. Upon reception of the request, the LiaisonUnit must submit the request of access topersonal data to the administrative unitsthat could have the correspondinginformation;

II. In the case of availability of the petitioner’spersonal data, the administrative unit mustsubmit it in a comprehensible format to theLiaison Unit, specifying the correspondingfee charge service, and the delivery cost ofsuch information, if applicable, pursuant toArticle 54 of this Regulation, unless it isbeing dealt with certified copies or if relatedto the provisions of second paragraph ofArticle 24 of the Law, so such informationshould be specified; and

III. In the case that the administrative unitdetermines that the requested informationis not available in its personal data system, areport of such circumstance must besubmitted to the Committee, where thecase shall be analyzed and the necessarymeasures shall be taken in order to locatethe requested information. In case that therequested information is not found, theCommittee will issue a resolution informingthe petitioner about the inexistence ofhis/her personal data in the correspondingsystem.

Article 78

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The Committees’ resolutions that determinethe inexistence of personal data or the total orpartial inadmissibility of its modifications, mustbe grounded and motivated and must indicateto the petitioner that he/she can file an appealbefore the Institute, as well as to provide thepetitioner with the corresponding forms, theInternet Web Site in which the forms can beobtained to be filed through the Institutesystem, or allow access to the said system, if sois requested.

Article 80

When the petitioner requests certified copiesof his/her personal data or its correction, theresolution dates will start counting one dayafter having demonstrated that thecorresponding costs have been covered.

Article 81

Each department or entity Committee canestablish the terms and the internal procedureto process the requests for correction topersonal data, which shall be dischargedwithin the term of thirty workdays referred toin Article 25 of the Law, including thenotification to the petitioner through theLiaison Unit, and it will adhere to the following:

I. Upon reciept of the request, the Liaison Unitmust submit it to the administrative unitsthat could have the correspondinginformation

II. In the case that personal data correction isprocedural, the administrative unit mustsubmit to the Liaison Unit a documentindicating the modifications and specifyingthe gratuitousness of the process as well asthe delivery cost of such informationpursuant to Article 54 of this Regulation,unless the information is requested incertified copies or related to the provisionsof the second paragraph of Article 24 of theLaw, thereby specified as necessary.

III. In case that the administrative unitdetermines that the requested correction ofpersonal data is not possible, a documentthat grounds and motivates the reasonswhy those modifications are notprocedural, must be submitted to theCommittee. The Committee will determineif the modifications are possible pursuantthe previous paragraph or issue a groundedand motivated resolution stating the totalor partial inadmissibility of suchcorrections.

Article 79

Chapter

On Procedures beforethe Institute

94

Pursuant to the provisions of Article 51 of theLaw, the appeal set forth in Articles 49 and 50of the same, is procedural. This appeal shall besubstantiated according to the Law, to thisRegulation, and for the not foreseen, to theprovisions of the Federal Law of AdministrativeProcedures.

For appeals of requests for access to information,it shall not be necessary to certify the identity ofthe interested party and the representation canbe held in terms of Article 84 of this Regulation.The electronically filed appeals must be filed bythe interested party and in such case,representation is inadmissible.

Regarding personal data, the owner of suchpersonal data or his/her legal attorney must filethe appeals. Furthermore, such appeal can beelectronically filed, provided the petitioner has acertification of the electronic means ofidentification referred to in Article 69-C of theFederal Law of Administrative Procedures.

The term referred to in Article 55 of the Law shallstart counting one day after the Institutereceives the appeal.

Article 82

The representation referred to in Article 49 of theLaw must be demonstrated by power of attorneysigned before two witnesses, with no need ofprevious signature ratification or any otherformality.

The representation can also be demonstrated bypresenting the request for access to informationthat originated the contested resolution,in whichthe person that can file the procedural defensemeans has been expressly authorized to do so.

Article 84

Regarding of Articles 26, 49 and 50 of the Law,appeals can be filed by personal document, bythe forms determined by the Institute for sucheffects, or through the system indicated by theInstitute. Both the forms and the system shall beavailable at the Liaison Units, their facilities,representations and delegations, that haveenabled public servants, as well as in thedepartment, entities and Institute Web Sites.

The filing of an appeal regarding the access toinformation procedures can be done personallyor by a representative at the Institute’s addressor in the site previously authorized by the same,as well as in the corresponding department orentity Liaison Unit.

Such appeal can be delivered by certified mail orcourier with acknowledged reception, and byelectronic means through the Institute system;in any event,reception acknowledgment shall besubmitted, confirmed or filed to the petitioner,clearly displaying the corresponding filing date.

Article 83

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REGULATIONS

In compliance with paragraph IV of Article 55 ofthe Law, when the appeal is electronically filed,the contested resolution must be attached tothe same electronic documents and, ifapplicable, a copy of the correspondingnotification. Optionally, such documents can bereproduced in hard copies and sent to theInstitute.

When the petitioner does not specify the way inwhich he/she shall be notified on the resolution,or when the cost for courier service mentioned inparagraph II of this Article is not covered, thenotification shall be delivered by certified mail, orby the system indicated by the Institute.

When the petitioner does not specify a address toreceive notifications, these shall be deliveredposted in a conspicuous place in a court of law.

This Article shall be applicable in cases of termextension notifications mentioned in thepenultimate paragraph of Article 55 of the Law.

For those cases mentioned in paragraphs I and IIof this Article, the notification of resolutionsrelated to access to personal data or its correctioncan only be made to the individual owner of suchpersonal data or his/her legal attorney, afterdemonstrating his/her credentials. Furthermore,such notification can be submitted electronically,provided the petitioner has the certification ofelectronic identification referred to in Article 69-Cof the Federal Law of Administrative Procedures.

Article 85

Those petitioners filing appeals must state howthey desire to be notified on the correspondingresolutions, pursuant to Article 56 of the Law.Such notification can be made:

I. Personally or through a representative at theInstitute address;

II. By certified mail or courier, withacknowledged reciept, provided in this lattercase that, when filing the recourse, the costfor the corresponding service is covered; and

III. Electronically, through the Institute system, inwhich case the petitioner must indicatehis/her acceptance to use the same means toreceive notifications, provided he/she issupplied with the necessary access elements.

When a petitioner files an appeal of revisionelectronically through the Institute system, itshall be understood that he/she accepts to usethe same system to receive notifications, unless adifferent means for such purpose is specified.

Article 86

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If the appeal does not satisfy any of theprerequisites stated in Article 54 of the Law, andthe Institute does not have the necessaryelements for a remediation, the appellant shallbe warned only once, and through the methodof his/her choice in compliance with theprevious Article, as to remediate such failureswithin a term of five workdays. Uponexpiration of the corresponding term andwithout warning, the appeal shall be deemedas not complete.

The warning will interrupt the term that theInstitute has to solve the appeal.

Article 87

When the appeal fulfills all prerequisites statedin Article 54 of the Law, the Institute will decreeits acceptance and will issue report to theCommittee that issued the contestedresolution, so that in a term of seven workdays,it states whatever is within its rights.

Article 88

Regarding paragraph II of Article 55 of the Law,the Institute Plenary Committee willdetermine, if applicable, the place, date andtime to hold the hearing, indicating that withinfive days before its discharge, evidence can beoffered and, if applicable, admitted anddischarged during the hearing, that cannot bepostponed and must be held whether theparties appear or not. Furthermore, theInstitute can designate a representative for thispurpose and shall determine, according to thetype of the matter, whether the hearings will bepublic or private.

In the case of holding the hearing, the partiescan present their allegations in written form or,if applicable, they shall be granted a reasonableterm to express them. Minute shall be keptduring the hearing.

Article 90

In the substantiation of the appeal referred toin Article 55 of the Law, the Institute, by meansof the President Commissioner will process,resolve, and if necessary, will remediate thecorresponding legal failures, on the appeals,without modifying the facts thereindescribed.

For such effect, all types of evidence shall beaccepted, except for confessions byauthorities. The requests for information onadministrative authorities regarding thosefacts contained in their files or thereby addeddocuments are not included in thisprohibition.

Article 89

97

REGULATIONS

Those resolutions referred to in paragraph III ofArticle 56 of the Law must be implemented byall departments and entities in a term of nomore than ten workdays, counting from thenext working day after the resolution isnotified to the Committee.

Article 91

Regarding Article 53 of the Law, individualscan request the Institute, as described inArticle 83 of this Regulation, to intervene inorder to verify the absence of reply from adepartment or entity regarding an accessrequest according to the term set forth byArticle 44 of the Law.

The Institute will enjoin the correspondingdepartment or entity to demonstrate in aterm of five workdays that a timely andcorrect reply was delivered to the petitioner.After demonstrating so, to the judgment ofthe Institute, the corresponding report shallbe submitted to the petitioner by means of aresolution issued within the next 20 workdaysafter filing the intervention request.Otherwise, a resolution shall be issued, clearlystating the instruction given to thedepartment or entity to submit the requestedinformation within the next ten workdaysafter the notification date.

Article 93

In terms of Article 56 of the Law, if anydepartment or entity refuses to discloseinformation related to the resolution of anappeal , or if the information is incomplete, orrefuses to comply with a resolution orinstruction, the Institute can:

I. Communicate such fact to the correspondinginternal control body for its immediateintervention;

II. Appeal to the administrative unit principal’shierarchic superior for immediateintervention; or

III. Disclose such circumstance to the public.

Article 92

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In the case that the department or entitycannot demonstrate a timely and correct replyto the petitioner, and considers that theprocedure is related to privileged orconfidential information, such instance shallsubmit to the Institute a report of the groundsand motivations of the correspondingclassification, in a term of the five workdaysreferred to in the previous Article.

If such report is insufficient regarding thecorresponding classificaton, the Institute cansummon the department or entity to supplyelements that allow a proper solution within aterm of five workdays, including the privilegedor confidential information.

The Institute shall assess the classification inaccordance with the previous paragraphs and,if applicable, within the next twenty workdaysafter the presentation of the interventionrequest, will issue a resolution, clearly statingthe instruction given to the department orentity to submit the requested information orelse to state that the documents of referenceare privileged or confidential; if such is the casethe resolution will instruct the department orentity to provide grounds and motivate thecorresponding refusal. In both cases theinstruction must be fulfilled within the nextten workdays after the notification date.

Article 94

Regarding Article 60 of the Law, petitioners canrequest the corresponding reconsiderationbefore the Institute, by document incompliance with the prerequisites stated byArticle 54 of the Law. The Institute mustdetermine if the reasons that originated theresolutions prevail, or if reconsideration ispossible, within a term not exceeding theprovisions of Article 55 of the Law to resolve theappeal.

Article 95

TRANSITORY

FIRST. This Regulation shall be in full effect andforce the next day from its publication in theOfficial Federal Newspaper.

SECOND. The National General Archives, incoordination with the Institute, will issueguidelines containing the criteria referred to inArticle 42 of the Regulation, in accordance withthe timetable created by both institutions.

THIRD. The records on procedures and fiscalforms referred to in the Law and thisRegulation must be available to the public onthe Internet, no later than six months after thedate in which this Regulation comes in fullforce and effect.

FOURTH. All departments and entities mustadapt the information referred to in Article 7 ofthe Law in the terms set forth in Chapter II ofthe Regulation, within three months after itbecomes in full force and effect.

FIFTH. In the case of Article 20 of thisRegulation, all departments and entities canchose to publish copies of permits, licenses orconcession titles electronically, when theinformation is before the date of force andeffect of this Regulation. In any event,departments and entities must have a programto ensure that the information is available inthe corresponding formats, within three yearsfrom the date of force and effect of thisRegulation

SIXTH. Regarding Article 23 of the Law,departments and entities must notify theInstitute on the listings of the personal datasystem that they have and publish the same ontheir Internet websites, no later than within thenext three months from the date of force andeffect of this Regulation

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SEVENTH. The regime set forth by the Law andthe Regulation shall be applicable to currentlyexisting information. Such information shall bepublic and can only be characterized asprivileged or confidential in thosecircumstances described in the mentionedlaws.

EIGHTH. The creation of those indexes referredto in Article 32 of the Regulation must becompleted within the first twenty workdays ofJanuary, 2004.

NINTH. Those administrative provisions thatgrant attributions to departments and entitiesin matters of transparency and access to publicgovernment information are annulledwhenever those oppose the provisions of theLaw and this Regulation.

TENTH. The Institute must comply with allobligations set forth in Chapters II and XI of thisRegulation regarding the information thatmust be included on its Internet website, nolater than three months after its enforcementdate.

ELEVENTH. While the Congress approves thoserights applicable to the access fees referred toin Article 27 of the Law, the Ministry of Treasurewill establish, no later than five days after thisRegulation comes into full force and effect, asimple and expedite procedure so that thedepartments and entities can collect theinformation reproduction costs.

The procedure will specify the maximumamounts that the departments and entitiescan charge and will tend to comply with theobjectives set forth in Article 55 of theRegulation. Those reproduction modes forwhich access fees can be charged shall be thosereferred to in Articles 51 and 52 of theRegulation.

101

REGULATIONS

Given in the Residence of the Federal Executive Power in Mexico City, Federal District on the tenth day

of the month of June of the year two thousand and three. Vicente Fox Quesada.- A flourish.- The

Secretary of State, Santiago Creel Miranda.- A flourish.- The Secretary of the Public Function, Eduardo

Romero Ramos.- A flourish.

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