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The Mexican Supreme Court ruled that the Senate’s failure to appoint three commissioners to the National Institute for Transparency, Access to Information and Personal Data Protection (INAI) is unconstitutional, as it violates the mandatory duty to maintain the agency’s full composition. This omission severely undermines the transparency institute’s autonomy and operational integrity, given that the legal timeframe for these appointments had long expired. The Court affirmed that the constitutional requirement for seven commissioners is an obligatory mandate, not a discretionary option, highlighting the critical link between institutional completeness and democratic function. To mitigate immediate disruptions, the Court authorized the INAI Plenary to continue functioning with fewer than five commissioners present. This provisional measure allows the agency to resolve matters by simple majority and the presidency’s tie-breaking vote, ensuring that essential transparency services remain accessible to the public. This decision prioritizes continuity over ideal staffing, reflecting a pragmatic approach to safeguarding the right to information during periods of governmental neglect. This ruling is vital for open data advocacy, as it reinforces the legal frameworks protecting access to public information. It demonstrates how judicial intervention can restore institutional capacity when political bodies fail to meet their obligations, serving as a crucial precedent for maintaining transparency infrastructure. By compelling legislative action, the decision safeguards the mechanisms that enable citizen oversight, ensuring that open data principles are upheld despite administrative vacancies.

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Published on 2023-10-04

Open Data

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