The National Institute for Transparency, Access to Information and Protection of Personal Data (Inai) runs the risk of becoming inoperative in 2023 because, in addition to the two commissioners that are missing from the plenary session, in April one more commissioner will finish his functions.
Commissioner Francisco Javier Acuña Llamas stated that “the INAI has, right now, two commissioners that we are missing and I, in April of next year (2023) I will leave and another (commissioner) will be missing… if another one is missing they could no longer meet in the Inai”.
Acuña Llamas commented that the sessions held by the Institute are weekly and that they cannot be missed because there are always between 200 and 300 issues to be dealt with.
Article 33 of the Federal Law on Transparency and Access to Public Information establishes that the plenary session of the Institute must be made up of seven commissioners with voice and vote, and that the sessions held will be valid with the attendance of at least five members, including the presiding commissioner.
That is why, despite the current absence of two commissioners, the Inai plenary can continue in office; but, in the event that the missing commissioners are not elected and the absence of a third party is added, sessions cannot be held
How are its members chosen?
The Federal Law on Transparency and Access to Public Information states, in its article 18, that for a new commissioner to be appointed, the Senate of the Republic will have to carry out a consultation with the parliamentary groups and must be elected with a two-thirds vote. parts of the legislators present.
It also indicates that the appointment process must begin within a period not exceeding 60 days prior to the date on which a commissioner leaves office.
The INAI commissioners, once elected, are in office for a period of seven years, without the possibility of re-election, and during said period they are unable to hold any other job, position or commission, except for unpaid positions in institutions scientific, educational or charitable.
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