Freedom of Information: A Comparative Legal Survey - Federation of ...

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Appeals
For agencies, complaints lie in the fi rst instance to IFAI and from there to the courts.
The complaint must be lodged within 15 days of the notice of refusal of access, where
information has otherwise not been provided, either in full or in part, where correction
of personal information has been refused or to review timeliness, cost or form of access
(Article 50). This is an extremely short timeline which may prevent some applicants from
lodging appeals. The complaint must contain the names of the agency or entity, the person
making the complaint and any third parties, the date the cause of the complaint arose,
the subject matter of the complaint, the arguments and a copy of any formal documents
relating to the case (such as a notice of refusal of access) (Article 54). Complaints may be
lodged with the liaison section of the agency, which must forward it to IFAI the next day
(Article 49). Complaints can also be lodged directly with IFAI or made via SISI, which
automatically sends a notice to the public body and triggers the process inside IFAI.
A commissioner must investigate the claim and report to all commissioners within 30 working days, and
a decision must be made within another 20 days, although these time limits may be doubled for justifi able
cause (Article 55). Where an agency has failed to respond within the timelines, IFAI shall process the
complaint on an expedited basis (Article 54). A complaint may be rejected where it has been lodged outside
of the time limits, where IFAI has already defi nitively ruled on it, where it does not relate to a decision made
by a committee, or where an appeal is being heard by the courts (Article 57).
Once a year has passed since a decision by IFAI confi rming an original decision by a public body, the
applicant may request IFAI to review its decision, and a second decision must be issued within 60 days of
such a request (Article 60).
Article 33 provides for the establishment of IFAI as an independent public body charged with promoting
the right to information, acting as a complaints body for refusals to disclose information and protecting
personal information. The Law includes a number of provisions designed to promote the independence
of IFAI. The fi ve commissioners are nominated by the executive branch, but nominations may be vetoed
by a majority vote of either the Senate or the Permanent Commission, as long as they act within 30 days.
Individuals may not be appointed as commissioners unless they are citizens, have not been convicted of
a crime of fraud, are at least 35 years old, do not have strong political connections and have “performed
outstandingly in the professional activities” (Articles 34 and 35).
Commissioners hold offi ce for seven years, but may be removed for serious or repeated
violations of the Constitution or the RTI Law, where their actions or failure to act undermine
the work of IFAI or if they have been convicted of a crime subject to imprisonment (Article
34). Two of the fi ve original Commissioners were appointed for four years, with possibility
of renewal for another seven years (Transitory Fifth).
IFAI may accept or reject a complaint, or modify it, and their ruling shall include time limits for compliance
(Article 56). The ruling is fi nal for agencies but applicants may appeal them to the federal courts (Article
59).
Other public bodies are also obliged to provide for complaints’ procedures in line with those available
through IFAI for agencies and entities (Article 61).
Sanctions and Protections
Civil servants who fail to comply with the law in a number of ways – including by destroying information, by
denying access negligently, fraudulently or in bad faith, by intentionally denying access to non-confi dential
information, or by refusing to disclose information as ordered by a committee or IFAI – are administratively
liable. These wrongs, as well as any other failure to respect the provisions of the Law, will be punished in