Título Cuarto. Recurso de revisión

The review appeal regulated in this law is a means of legal defense whose purpose is to guarantee that in the acts and decisions of the obligated subjects the guarantees of legality and legal certainty are respected.

The highest authority of each obligated subject shall be competent to decide the review appeals filed against acts or decisions of the obligated subjects referred to in this law, in matters of access to public information and habeas data.

The applicant to whom the information has been denied or the nonexistence of the requested documents has been invoked may file, by himself or through his legal representative, the appeal for review before the highest authority within the fifteen days following the date of the notification.

The appeal for review shall also proceed under the same terms and time limits when:

1.The obligated subject does not deliver to the applicant the requested personal data, or does so in an incomprehensible format;

2.The obligated subject refuses to make modifications, corrections or deletions to the personal data;

3.The applicant considers that the information delivered is incomplete or does not correspond to the information required in the request;

4.In case of lack of response under the terms of this law;

5.Due to expiry of the time limit established for the delivery of the requested information;

6.In the cases specifically stipulated in this law.

The highest authority shall immediately cure the deficiencies of the appeals filed.

The request by which the review appeal is filed shall contain:

1.The department or entity before which the request was submitted;

2.The name of the appellant and of the interested third party, if any, as well as the domicile, place or means designated for receiving notifications;

3.The date on which he or she was notified of or became aware of the challenged act;

4.The act being appealed and the points requested;

5.Any other elements deemed appropriate to submit to the judgment of the highest authority.

The highest authority shall process the review appeal in accordance with the following guidelines:

1.Once the review appeal has been filed, the highest authority shall decide definitively within the following five days;

2.The decisions of the highest authority shall be public.

The decisions of the highest authority may:

1.Confirm the decision of the Information Unit;

2.Revoke or modify the decisions of the Information Unit and order the department or entity to allow the individual access to the requested information, the delivery thereof or the modifications, corrections or deletions to the requested sensitive personal data.

The decisions must be in writing and establish the time limit for compliance therewith and the procedures to ensure execution.

Once the decision of the highest authority has been issued, declaring the appellant's claims to be well-founded or unfounded, it shall, where applicable, order the obligated party to give exact compliance with what was decided within the time limit of five days, under warning that, in case of non-compliance, the relevant record shall be certified before the competent judicial body, and without prejudice to the ordering of all such administrative measures and those leading to the immediate enforcement of what was decided.

Once the review procedure has been exhausted, the administrative phase shall be deemed concluded, and the interested party may file the respective action for constitutional relief (amparo) in order to assert their constitutional right, without prejudice to legal actions of any other nature.