Background on the Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales (Inai)
The Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales (Inai) was a Mexican autonomous body responsible for promoting transparency, access to public information, and data protection. Established in 2014, it played a crucial role in ensuring government accountability and fostering an open society.
Fiscalía General de la República (FGR) Challenges Inai Decisions
The Fiscalía General de la República (FGR), Mexico’s attorney general office, presented three constitutional controversies against the Inai, seeking to invalidate its resolutions from the previous year. These controversies were resolved by the Supreme Court of Justice of the Nation (SCJN) under the ponencia of Loretta Ortiz Ahlf.
Case Resolutions
- Controversy 291/2024 and 292/2024: The SCJN confirmed the Inai’s resolutions by a vote of six to three. These cases originated from information requests where an individual sought details about two public servants’ positions, salaries, and areas of work. The FGR argued that this information should be classified as reserved due to potential risks of identifying and harming the individuals.
- Controversy 314/2024: The SCJN declared the Inai’s resolution invalid by unanimous decision. The FGR demanded the invalidation of a resolution that ordered the Inai to provide an uncensored copy of a complaint containing names of various officials. The FGR claimed that releasing this document could jeopardize the individuals’ safety and their ability to perform security-related duties.
Key Questions and Answers
- What is the Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales (Inai)? The Inai was a Mexican autonomous body responsible for promoting transparency, access to public information, and data protection.
- What were the FGR’s constitutional controversies against the Inai? The FGR challenged three Inai resolutions from the previous year, seeking to invalidate them.
- What were the outcomes of the SCJN’s resolutions? In two cases, the SCJN confirmed the Inai’s resolutions. In the third case, the court declared the Inai’s resolution invalid, siding with the FGR.
Impact of SCJN’s Decision
The SCJN’s decision has significant implications for transparency and information access in Mexico. By confirming two Inai resolutions, the court upheld the importance of public access to information related to government officials’ positions and salaries. However, the decision to invalidate another resolution highlights the need for balancing transparency with security concerns, particularly when it comes to protecting individuals’ safety.
