The article underscores the critical role of the National Institute for Transparency, Access to Information, and Personal Data Protection (INAI) as a fundamental pillar of Mexican democracy and open data. By enforcing transparency laws, the INAI has enabled journalists and civil society to uncover significant instances of corruption, misuse of public funds, and privacy violations across multiple presidential administrations. These interventions demonstrate that access to public information is not merely an administrative formality but essential for holding power accountable, as evidenced by major investigations into irregular political expenditures, the illegal use of surveillance software, and the environmental impacts of infrastructure projects. However, the current paralysis of the INAI’s full board due to a lack of quorum undermines these democratic safeguards. Although citizens can still request information through the National Transparency Platform and state bodies continue to issue resolutions, the absence of a functioning plenary session prevents the institute from reviewing denied appeals or protecting personal data through constitutional actions. This inability to sanction non-compliance or challenge unconstitutional norms weakens the institutional framework designed to guarantee the right to know and protect citizens’ privacy rights. This situation is particularly relevant to open data, as it illustrates the fragility of data ecosystems when institutional oversight is compromised. Transparency platforms alone cannot ensure accountability if there is no independent body to resolve disputes or enforce legal standards. The absence of a functioning INAI creates a gap where governments may evade scrutiny, risking the integrity of public data and the democratic process itself. Therefore, restoring the institute is crucial for maintaining the balance between state secrecy and the public’s right to transparent, accessible, and protected information.
Source:Published on 2023-10-19