Adrian Alcala Mendezcommissioner of the National Institute of Transparency, Access to Information and Protection of Personal Data, announced that if the Supreme Court of Justice of the Nation does not grant the suspension – temporarily – of article 33 of the Federal Transparency Law, to allow the plenary session with four membersthe possibility of going before the Inter-American Court of Human Rights will be evaluated.
“We hope that the minister will grant us the suspension, but if she does not grant it to us, for whatever reason she has, we will present the corresponding claim and, even, we are evaluating the three Commissioners and one Commissioner, with the State mandate that they have given us. , go to the Inter-American Court of Human Rights”, commented the commissioner, during the presentation of ABC of Transparency, in Baja California.
He said that the main argument they have, to request that the aforementioned article be suspended, is that four commissioners are a simple majority, taking into account the seven that must make up the full INAI, and under the principles that are established in the article 1 of the Constitution (universality, interdependence, indivisibility and progressivity of human rights), allows them to meet with the current commissioners so that they can resolve the issues of the guarantor body, since “it is the neuralgic function of a guarantor body”.
On the other hand, he mentioned that the Institute continues to work and they are preparing everything so that, in due course, Mexicans are guaranteed their right to information.
He also commented that the Inai’s functions not only correspond to reviewing federal cases, and specified that with the plenary strike “there is no authority that, right now, guarantees at the federal level (the personal data protection)”.
In addition, he denounced that the INAI is not the only guarantor body that suffers from this; He explained that the Institute of Transparency, Access to Information and Protection of Personal Data of the State of Guerrero is improperly integrated and this means that the people of said state cannot know information or that the information is guaranteed.
