NEWS
REFORM THAT EXTINGUISHES THE INAI
Dec 11, 2024
Legal Alert
REFORM THAT EXTINGUISHES THE INAI
The Senate of the Republic approved on November 28, 2024 the reform of “organic simplification”, the content of this reform proposes the extinction of multiple autonomous agencies within which the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) is included. This reform was also approved by 17 state congresses, which is why it has already reached the qualified majority. The INAI is an autonomous agency of the Mexican State in charge of guaranteeing the right of access to public information and the protection of personal data in possession of obligated subjects, which may be governmental entities or individuals. It is an extremely important entity because it contributes to transparency, accountability and the protection of people's data, thus strengthening citizens' trust in public institutions and guaranteeing the privacy of personal information.
The reform proposes that the aforementioned functions be supervised by the Ministry of Public Administration. Regarding the states, the protection of the right of access to information, protection of personal data and transparency policy will oversee the control bodies and comptrollers of each state institution. Regarding personal data in possession of individuals, it will be established which entity will oversee the protection of rights, verifications and imposition of sanctions by means of the Organic Law of the Federal Public Administration (LOAPF). This means that there is still no specific entity defined for the management of these functions with respect to the protection of personal data of individuals.
The extinction of INAI and the transfer of its functions to the Ministry of Public Function could result in: the loss of autonomy without political interference and interests, affecting the right of access to information that could cause distrust on the part of citizens due to corruption, and in general different situations of conflicts of interest since the Ministry of Public Function supervises other government entities, so taking charge of the transparency of these entities may become a problem of objectivity. The result of the above may be a Mexico in which transparency is non-existent since the government will be asked directly for reports on its actions and expenditures.
As of the publication of such reform, the Congress of the Union will have a period of 90 days in which it will have to make the necessary amendments to the applicable laws, such as the LOAPF and the Federal Law for the Protection of Personal Data in Possession of Private Parties and its regulations. All acts issued by INAI prior to its extinction and entry into force of the secondary legislation will continue to have full legal effect
REFORM THAT EXTINGUISHES THE INAI
The Senate of the Republic approved on November 28, 2024 the reform of “organic simplification”, the content of this reform proposes the extinction of multiple autonomous agencies within which the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) is included. This reform was also approved by 17 state congresses, which is why it has already reached the qualified majority. The INAI is an autonomous agency of the Mexican State in charge of guaranteeing the right of access to public information and the protection of personal data in possession of obligated subjects, which may be governmental entities or individuals. It is an extremely important entity because it contributes to transparency, accountability and the protection of people's data, thus strengthening citizens' trust in public institutions and guaranteeing the privacy of personal information.
The reform proposes that the aforementioned functions be supervised by the Ministry of Public Administration. Regarding the states, the protection of the right of access to information, protection of personal data and transparency policy will oversee the control bodies and comptrollers of each state institution. Regarding personal data in possession of individuals, it will be established which entity will oversee the protection of rights, verifications and imposition of sanctions by means of the Organic Law of the Federal Public Administration (LOAPF). This means that there is still no specific entity defined for the management of these functions with respect to the protection of personal data of individuals.
The extinction of INAI and the transfer of its functions to the Ministry of Public Function could result in: the loss of autonomy without political interference and interests, affecting the right of access to information that could cause distrust on the part of citizens due to corruption, and in general different situations of conflicts of interest since the Ministry of Public Function supervises other government entities, so taking charge of the transparency of these entities may become a problem of objectivity. The result of the above may be a Mexico in which transparency is non-existent since the government will be asked directly for reports on its actions and expenditures.
As of the publication of such reform, the Congress of the Union will have a period of 90 days in which it will have to make the necessary amendments to the applicable laws, such as the LOAPF and the Federal Law for the Protection of Personal Data in Possession of Private Parties and its regulations. All acts issued by INAI prior to its extinction and entry into force of the secondary legislation will continue to have full legal effect
2025 Bravo Gutiérrez & Münch, S.C. | All Rights Reserved Worldwide | Privacy Policy | Legal Notices | Contact | Attorney Advertising. Prior results do not guarantee a similar outcome.
2025 Bravo Gutiérrez & Münch, S.C. | All Rights Reserved Worldwide | Privacy Policy | Legal Notices | Contact | Attorney Advertising. Prior results do not guarantee a similar outcome.