Inai agonizará cuatro meses, no hay acuerdo para nombrar comisionados

The National Institute for Transparency, Access to Information and Personal Data Protection (INAI) is facing a severe institutional crisis due to its inability to appoint its remaining commissioners. The paralysis began with the presidential veto of two senatorial appointments and the expiration of another member’s term, leaving the agency without the quorum required to hold sessions or issue legal resolutions. This stalemate will persist during the legislative recess unless an extraordinary consensus is reached among political parties—a scenario considered politically unlikely given the lack of agreements and the need for a qualified majority in the Congress’s Permanent Commission. This situation has generated uncertainty about INAI’s ability to fulfill its mandate. However, the institute’s president has warned that its functions will not disappear, nor can they be assumed by other government entities without representing a setback for human rights. INAI defines itself as an autonomous body born out of civil society’s struggle, whose independence is crucial to guaranteeing access to public information and the protection of personal data. Its institutional weakening threatens the progressive realization of these fundamental rights, as other branches of government lack the legitimacy and specific focus necessary to assume its protective role vis-à-vis citizens. This crisis is particularly relevant to the open data movement because INAI serves as the guarantor authority ensuring public transparency and the availability of government information. Without a fully operational body, the institute’s capacity to oversee compliance and resolve disputes regarding access to information is compromised, although basic obligations of public authorities remain in force. INAI’s inactivity poses a significant risk to accountability and the culture of transparency in Mexico, directly undermining public trust and civil society’s ability to access data essential for democratic participation and oversight of power.

Source: rancherita.com.mx
Published on 2023-05-01

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