Dynamic transparency: An audit of Mexico's Freedom of Information Act

Published date01 March 2019
AuthorOscar Pocasangre,Paul Lagunes
Date01 March 2019
DOIhttp://doi.org/10.1111/padm.12553
ORIGINAL ARTICLE
Dynamic transparency: An audit of Mexicos
Freedom of Information Act
Paul Lagunes | Oscar Pocasangre
School of International & Public Affairs,
Columbia University, New York, USA
Correspondence
Paul Lagunes, School of International & Public
Affairs, Columbia University, Rm. 1401C,
420 W. 118th St., New York 10027, USA.
Email: pfl2106@columbia.edu
Freedom of Information Acts (FOIAs) aim to provide a channelled
exchange between citizens and public officials that, irrespective of
the citizens identity, results in the provision of timely, relevant,
and often new information about policy. We evaluated Mexicos
FOIA by submitting 307 information requests on behalf of an aver-
age male citizen to government entities in the years 2007, 2013,
and 2015. In 2007, we also submitted the same requests to 87 com-
parable entities on behalf of a male citizen who signalled economic
and political clout. Encouragingly, entities do not discriminate
between regular and seemingly influential citizens. Entities also
answer more frequently and provide more information in 2015
compared to earlier years, but they are taking longer to answer, fre-
quently charging fees, and often failing to provide quality informa-
tion to questions they are legally bound to answer. Mexicos FOIA
is a functional system demanding significant improvements.
1|INTRODUCTION
Freedom of Information Acts (FOIAs) are laws that promise the equitable provision of timely, relevant, and often new
information about government. They signal a commitment to transparency, primarily because transparency is thought
to promote a fair and accountable public administration (Light 1997, p. 31; Kosack and Fung 2014, p. 66; Worthy
2017, pp. 2, 9).
As a newly democratized nation, Mexico enacted its FOIA in 2002 with the aim of empowering citizens to sub-
mit information requests that keep pace with the countrys dynamic policy context. This was a historic moment that
Human Rights Watch categorized as an unambiguous achievement (HRW 2006). The law states that information held
by government should be made accessible to all citizens, without discrimination.
1
In an effort to reinforce this right,
in 2013, the Mexican Congress reformed Article 6 of the Constitution. A translation of the article reads, Every individ-
ual has the right to access a plurality of information in a timely manner(emphasis added; Estados Unidos Mexicanos
2016 [1917]).
1
Mexicos FOIA is available via: .
Received: 12 December 2017 Revised: 20 August 2018 Accepted: 4 September 2018
DOI: 10.1111/padm.12553
162 © 2018 John Wiley & Sons Ltd wileyonlinelibrary.com/journal/padm Public Administration. 2019;97:162176.

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