Mexican Democracy in Danger: Public Accountability and Privacy at Risk

Mexican Government Undermines Public Accountability and Privacy Rights

The Mexican government, under President Andrés Manuel López Obrador and legislators from his party, has paralyzed the country’s National Institute for Transparency, Access to Information, and Data Protection (INAI) by blocking nominations to fill vacant seats on its board. This independent agency is responsible for enforcing transparency and data protection rules in Mexico. It plays a crucial role in ensuring privacy rights for ordinary Mexicans, journalists, and human rights defenders. However, the government claims that it is unnecessary and repeatedly proposed eliminating the agency.

Human Rights Watch has warned that by paralyzing the transparency agency, the government is undermining the right of Mexicans to access public information and make decisions about how their personal data is used. Until the Senate names new transparency commissioners, Mexicans will have no way to appeal to an independent watchdog when the government denies them access to public information or when private companies misuse their personal data.

The agency is authorized to demand that government agencies, political parties, labor unions, or other public bodies comply with freedom of information requests from individuals or organizations. It can also require entities that hold personal data, such as government agencies, banks, or hospitals, to allow people to view, change or eliminate data about themselves. The agency reviewed more than 20,000 cases and issued over 11,000 decisions compelling public bodies to comply with requests between October 2021 and September 2022.

Philosophically, the right to information is a recognized human rights norm and an important means of exercising the human right to participation in public affairs. Mexico should ensure easy, prompt, effective, and practical access to this information. The country should also establish and guarantee procedures for obtaining the information and process requests for information in a timely fashion.

Mexico has specific obligations to establish an independent authority with the powers to investigate and take legal action for violations of personal data protection laws. In addition, the Inter-American Commission on Human Rights’ special rapporteur for freedom of expression has recommended that an independent specialized agency should be responsible for reviewing and deciding on government denials of requests for information.

Eliminating the INAI and transferring its powers to an agency that reports directly to the politicians it is supposed to hold to account, given Mexico’s long history of official secrecy and cover-ups, would be the perfect recipe for abuse, warns Human Rights Watch. The INAI has empowered activists and journalists in Mexico to uncover horrific abuses and massive corruption scandals precisely because it is independent from the government.

Mexico must ensure the prompt reinstatement of the INAI to prevent the continued erosion of public accountability and privacy rights. The Senate should move to fill the three vacant seats swiftly, enabling the agency to resume normal functions. Failure to do so undermines Mexicans’ constitutional right to access public information and information about their personal data, as well as presenting an impediment to the fight against government secrecy, human rights abuse, and corruption.

Government Transparency.-MexicanDemocracy,PublicAccountability,Privacy,Risk,MexicanPolitics