The Supreme Court of Justice has issued a landmark ruling that safeguards the institutional integrity of Mexico’s National Institute for Transparency, Access to Information, and Personal Data Protection (INAI). By declaring the Senate’s failure to appoint commissioners as an omission, the Court has blocked executive efforts to dismantle the agency. This decision ensures that the right to information and data protection remains shielded from political interference, preserving a vital check on government power. This legal intervention is significant for open data because it prevents the paralysis of a key autonomous body responsible for enforcing transparency laws. Without a quorum, INAI cannot effectively oversee how public institutions handle information and protect citizens’ privacy. By mandating the proper integration of the institute’s board, the Court upholds the rule of law and guarantees that mechanisms for accessing public records and safeguarding personal data remain functional and accountable. The relevance to open data lies in the balance between transparency and sovereignty. While the administration argues for cost-cutting and national sovereignty, the ruling affirms that democratic accountability cannot be suspended indefinitely. Protecting INAI ensures that citizens retain the legal tools to demand information, which is fundamental for an open society where data governance serves the public interest rather than political agendas.

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Published on 2023-07-15