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The recent legislative reform in Mexico has severely weakened the institutional framework for transparency and data protection, eliminating key bodies without dialogue with civil society or a solid technical assessment. This decision, driven by partisan political convenience, transfers the functions of guaranteeing the right of access to information and data protection to internal administrative control units. Such restructuring lacks technical justification and violates constitutional principles by turning these entities into both "judge and party" in the processes they are supposed to oversee, compromising their impartiality and independence. An analysis of municipal data reveals deep confusion and duplication in the existing internal control structures across the country. The overlap between comptroller offices, internal control bodies, and syndics creates a scenario of administrative complexity that makes it difficult to determine whether the legal requirements for separation between investigative and adjudicative functions are being met. This lack of institutional clarity hinders the state's effective capacity to guarantee citizens' rights, as the heterogeneity and inconsistencies in municipal organizational charts complicate the uniform application of the law and accountability. This text is relevant to the open data movement because it exposes how the erosion of the institutional architecture directly affects the ability to access public information and protect citizens' privacy. By centralizing control under non-independent entities and maintaining a chaotic municipal structure, essential governmental transparency for democratic oversight is undermined. The reformulation leaves legal and operational gaps that hinder the exercise of the right to information, demonstrating that the quality of open data intrinsically depends on strong, impartial, and clearly defined institutions.

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Published on 2024-12-24

Open Data

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