Título Segundo. Procedimiento de acceso a la información pública

The procedure for access to public information is initiated by means of a verbal, written or electronic request that the interested party must formulate to the obligated subject, through the Information Unit. The model information request form shall have the purpose of facilitating access to public information, but shall not constitute an admissibility requirement for exercising the right of access to public information.

The person of the Information Unit who receives the request may not allege lack of competence or lack of authorization to receive it, and shall obligatorily, under his or her responsibility, immediately refer it to whom it corresponds.

The information access procedure shall not prejudice, limit or substitute the right to witness or observe the acts of the obligated subjects, nor limit the right to request information from the obligated subjects in the manner contemplated in other laws, nor the making of information requests that could be made before entities whose nature is one of publicity vis-à-vis third parties where, by principle of specialty, recourse must be had through the corresponding procedures.

Obligated subjects shall establish, as a means of access to public information, electronic information systems, among others.

Under liability, the highest authority shall guarantee that the published information is trustworthy and legitimate.

The information published in the electronic information systems, among others, shall coincide exactly with the financial, accounting and audit administration systems and it shall be updated within the time limits established in this law.

Obligated subjects shall adopt the security measures that ensure certainty of the reports sent by data messages. In any case, they shall preserve a record of the original decisions.

All access to public information shall be made at the request of the interested party, in which the following data shall be recorded:

1.Identification of the obligated subject to whom it is addressed;

2.Identification of the requester; and,

3.Clear and precise identification of the information requested.

The information request shall not be subject to any other formality, nor may the statement of a specific reason or interest be required as a requirement thereof.

Once submitted and admitted, the request, the Information Unit where it was submitted must issue a decision within the ten following days in one of the following terms expressed below:

1.Delivering the requested information;

2.Notifying the denial of the information when the interested party, within the time limit granted, has not made the requested clarifications or remedied the omissions referred to in the preceding article;

3.Notifying the denial of the information in whole or in part, when it concerns that considered as reserved or confidential; or,

4.Expressing the nonexistence.

When the volume and extent of the response so justify, the response time limit referred to in this law may be extended by up to ten additional days, with notice to the interested party to be given within the two days prior to the expiration of the time limit established in this law.

When the obligated subject fails to give any response within the time limit and in the manner in which it is obligated, it shall be obligated to grant it to the interested party within a period of not more than ten days following the expiry of the time limit for the response, at no cost and without any request from the interested party.

Failure to comply with the provisions of this article shall be grounds for criminal liability.

Every request for public information shall result in a written decision. In case of extension of the response term established in the present law, or of denial of the information, it shall be duly founded and motivated.

Those who request public information shall have the right to have it provided to them in writing or to receive it at their election by any other means of reproduction.

The information shall be provided in the state in which it is found in the possession of the obligated subjects. The obligation shall not include the processing thereof, nor presenting it in accordance with the interest of the requester.