Wednesday, July 15, 2009
Cartoon Network Agenda
Indicators Legal Right of Access to Public Information in Mexico
En 2002 se publicaron las primeras Leyes de Transparencia y Acceso a la Información Pública Gubernamental, también el involucramiento legislativo en la materia en los Estados de la República Mexicana. En 2004 se elaboró el estudio “Decálogo del Marco Normativo del Derecho de Acceso a la Información Public ", which had, among other objectives, to develop an instrument for measuring and evaluating the Mexican legal system and serve as a reference to the states that did not have legislation on access to information. All methodology has a longer duration when the object being studied is changing, you have to upgrade. That need arises
the book: "Indicators Legal Right of Access to Public Information in Mexico." With 17 topics, all taken from reality, to quantify the scope of laws and the true levels of information openness in government, and establish whether they meet international standards.
Similarly, these indicators contain weighting criteria, given the lack of legislative uniformity as to the regulation of the right to public information in Mexico. Since article 6, states at the end of the first paragraph: "The right to information is guaranteed by the state."
The 1 st phase. Joined by local law on Access to Public Information, at the federal and local Stage 2: confronted the contents of the laws passed, the reforms and innovations in recent legislation in the states. All this information is systematized for the indicators.
1. .- All regulated entities engaged in public spending will be held accountable for the resources.
2. Definitions and Interpretation .- The effectiveness depends on the writing style and content of the law itself. Should be favored in case of doubt, access to information.
3. Culture of Transparency .- Through education at all levels to recipients as you exercise other rights.
4. Job Information .- access not dependent on an express request.
5. Limits on the Right of Access to Information .- Not all information is public, there are restrictions because the disclosure sensitive information could jeopardize an interest protected by the Constitution, both state and private individuals.
6. Public versions .- The information that is restricted, the sender can generate public versions in which sensitive data is protected to prevent damage or impairment.
7. Maximum Advertising .- Any obligated to make available information that has in its possession. It is important that the laws make a clear and precise reference to it.
8. Evidence of Harm Principle .- justify the harm that may occur with the disclosure of information.
9. Information gratuity .- The information is held by regulated entities is considered a public good and access to it is free.
10. Booking Period .- Information to be having as well stay within 12 years.
11. Application Forms Access to Information .- Application presenting the subject.
12. Habeas Data .- Defined as the protection of personal data in the exercise of the right to personal privacy, as well as mechanisms for the correction, deletion of information of personal nature.
13. Guarantor Authority .- Preferably it is an entity with constitutional autonomy. Lest you become judge and jury when deciding the refusal or compliance partial access to information.
14. Affirmative Ficta .- When requesting information and obligors default or neglect leave to answer in a timely manner. At the same means that the answer was in the affirmative.
15. Challenging routes and Finality .- that the principle of simplicity of the procedure that encourages follow-up.
16. Control forms .- any rule of law to be enforceable and effective, it must have potential consequences for failure.
17. Temporary field .- time that will come into force on the content of the law.
Each of the indicators, served as a factor in measuring current legislative system, to ensure transparency of access to information, taking as reference the principles are integrated into the reform of article 6 of the Constitution. The criteria are value judgments that apply to the indicators to give an interpretation. The more information available on an informal basis will have a more open government information.
As the authors note Gomez and Villanueva, the organ of the Federal Public Administration must provide ensure that all persons have access to information through simple and expeditious procedures, transparent governance, through the dissemination of information generated the subject must promote accountability to citizens, so they can assess performance. It is necessary to improve the organization, classification and management of documents, to contribute to the democratization of Mexican society and the full observance of the rule of law.
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