Senate studies reforms to the General Law of Transparency and Access to Public Information

The General Law of Transparency and Access to Public Information (LGTAIP) will be reformed by the Chamber of Senators, in matters of enforcement measures.

At the proposal of Claudia Anaya Mota (PRI), the Upper House will amend articles 201 and 214 of said law based on the recommendation made to the senators through a technical opinion by the National Institute of Transparency, Access to Information and Protection of Personal information (Henna).

The current legal framework for the imposition of enforcement measures and sanctions by the guarantor agencies, raised the autonomous entity, part of a wrong design by confusing the figure of the enforcement measure with the sanction itself.

The explanatory statement of the initiative promoted by the senator from Zacatecas exposes the urgency of the proposed legal changes because the current procedure for the imposition of enforcement measures facilitates their challenge and revocation for violations thereof.

The warning, he details, must be the starting point to be able to impose a fine as a measure of urgency.

“It is a well-explored Law that in order to impose an enforcement measure, the competent body must warn the offender in advance of the imposition in case of persisting non-compliance. In other words, it must warn the offending person of the legal consequence that will ensue -the imposition of the measure- if they persist in failing to comply with any determination.

“However, in the LGTAIP, the one-time warning was included as a sanction, which is wrong because the warning is only the call of the authority that has the coercive power to enforce a determination and not a reprimand’ ‘, precise

Hence, it is suggested to modify article 201, to establish that the guarantor agencies, within the scope of their powers, may impose the public servant in charge of complying with the resolution, or the members of the unions, political parties or the natural person or responsible morality, urgent measures to ensure compliance with its determinations, such as:

“Warning, for the only occasion, so that the person in charge of the obligated subject of compliance with a determination or resolution, fulfills his obligation immediately.

“If, once the warning is issued, the obligation is not complied with immediately, in the terms provided for in this Law,” it is expected to establish, a fine of one hundred and fifty to two hundred and fifty times the Measurement and Update Unit (UMA) will apply.

The project was sent for its analysis and ruling corresponding to the joint commissions of Anti-Corruption, Transparency and Citizen Participation and Second Legislative Studies.

rolando.ramos@eleconomista.mx