SCJN invalida decreto de AMLO que blinda proyectos prioritarios como de seguridad nacional

The Supreme Court of Justice declared a presidential decree invalid, ruling that broadly categorizing major infrastructure projects as a matter of national security and public interest violates constitutional guarantees of transparency. The Court determined that such a general classification unlawfully shifts the burden of proof regarding the withholding of information from a specific, case-by-case analysis to a blanket administrative assumption. This approach undermines the principle that information is inherently public unless specific, legally justified exceptions apply, effectively allowing the executive branch to restrict access to data without demonstrating actual harm. This decision is pivotal for open data because it reaffirms that regulatory authority over information classification resides exclusively with autonomous transparency bodies, not the executive branch. By striking down the decree, the Court protects the integrity of open government standards, ensuring that governments cannot use vague labels to obscure data related to public spending and project execution. It establishes a critical precedent that administrative acts cannot bypass legal requirements for justifying secrecy, thereby strengthening citizen oversight and accountability in the management of national resources. Ultimately, this ruling reinforces the rule of law in data governance, preventing the arbitrary withholding of information. It ensures that transparency mechanisms remain robust against political expediency, guaranteeing that citizens and journalists can access information necessary to evaluate the impact of strategic infrastructure developments. This strengthens the framework for open data in Mexico, promoting greater trust in public institutions and ensuring that information about public works remains accessible for democratic scrutiny.

Source: eleconomista.com.mx
Published on 2023-05-19

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