Following the decree published by the president Andrés Manuel López Obrador in which it stipulates that the projects and works of the government of Mexico should be considered in the public interest and national security, the INAI announced that it is already preparing a constitutional controversy before the SCJN, due to the risk that information may be reserved.
The National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) detailed that after analyzing the scope of the Agreement, and after holding a working meeting, the INAI Plenary decided to exercise a constitutional controversy before the Supreme Court of Justice of the Nation (SCJN), with which it will seek to prevent the agencies and entities of the Federal Public Administration from reserving for national security, in a generalized and anticipated manner, the information related to the projects and works that the government carries out.
This when noting a possible violation of article 6 of the Constitution, since national security is a budget for the reservation of information, according to article 113 of the General Law of Transparency and Access to Public Information.
“In that sense, there is a risk that obligated subjects that generate the information of these projects may pretend to reserve information based on the Agreement, which would violate the right of access to information, ”said the agency.
It was also recalled that the INAI has a period of 30 business days, starting this Tuesday, to present to the SCJN the constitutional controversy, so that in the coming days, the Plenary will approve in public session the corresponding agreement, with the points to be disputed and the legal arguments.
“The Institute reiterates its commitment to guarantee the right of access to society’s information, without any restriction, and to prevent the principle of maximum publicity from being violated,” he said.
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Reference-www.eleconomista.com.mx