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This article highlights the growing tension between the constitutional right to access public information and national security or privacy interests. The Supreme Court has increasingly favored state secrecy in matters involving public health contracts, extending classification periods for critical data. This trend raises concerns that emergency measures are becoming normalized, potentially undermining transparency and allowing governments to withhold information beyond reasonable limits under the guise of national security. Regarding personal data, the Court struck down reforms that mandated a national registry of mobile users, prioritizing privacy rights over public security objectives. This decision demonstrates the importance of proportionality tests in safeguarding individual freedoms against invasive state surveillance. However, divergent judicial interpretations on applying these tests introduce uncertainty, suggesting that future rulings on data collection may lack consistency and predictable legal standards. Finally, the ruling that INAI resolutions are not entirely immune to constitutional challenges by other autonomous bodies marks a significant shift in Mexico’s governance structure. By allowing the Supreme Court to review INAI decisions when they allegedly infringe on other organs' competencies, the balance of power shifts away from the transparency authority. This development is crucial for open data advocates, as it introduces a new legal vulnerability that could weaken the enforceability of information access rights and complicate the finality of transparency rulings.

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Published on 2024-12-23

Open Data

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