Fallo de la SCJN obliga al Senado a designar comisionados pendientes del Inai | Revista Punto de Vista

The Supreme Court has ruled that the Senate must appoint the remaining commissioners of the National Institute of Transparency, Access to Information and Personal Data Protection, affirming that this duty is mandatory rather than optional. This decision resolves a significant institutional crisis by ensuring the autonomous body can fully exercise its functions, thereby safeguarding the continuity of essential oversight mechanisms. The ruling establishes that failing to appoint these commissioners constitutes a direct violation of the fundamental rights to access information and data protection. By prioritizing these human rights above political interests, the judgment reinforces the critical role of specialized, independent technical institutions in defending citizens' liberties against state opacity or inaction. This development is vital for open data because it secures the institutional capacity to enforce transparency standards. Without a fully functioning commission, the regulatory framework governing public data access and privacy protection remains compromised. Strengthening this autonomous body ensures robust accountability and promotes a culture of openness, which are foundational pillars for a healthy open data ecosystem in Mexico.

Source: revistapuntodevista.com.mx
Published on 2023-10-06