Institute for Access to Public Information of the Federal District

LTAIPDF

OFFICIAL GAZETTE OF THE FEDERAL DISTRICT March 28, 2008

PUBLIC ADMINISTRATION OF THE FEDERAL DISTRICT

HEAD OF GOVERNMENT

DECREE BY WHICH THE TRANSPARENCY AND ACCESS TO PUBLIC INFORMATION LAW OF THE FEDERAL DISTRICT IS ISSUED

(On the upper margin a shield reads: Mexico City - Capital in Movement)

DECREE BY WHICH THE TRANSPARENCY AND ACCESS TO PUBLIC INFORMATION LAW OF THE FEDERAL DISTRICT IS ISSUED

MARCELO LUIS EBRARD CASAUBON, Head of Government of the Federal District, for the knowledge of its inhabitants:

That the H. Legislative Assembly of the Federal District, IV Legislature, has addressed to me the following:

DECREE

(On the upper left margin the National Shield reads: UNITED MEXICAN STATES - LEGISLATIVE ASSEMBLY OF THE FEDERAL DISTRICT- IV LEGISLATURE)

LEGISLATIVE ASSEMBLY OF THE FEDERAL DISTRICT

IV LEGISLATURE.

D E C R E E S

DECREE BY WHICH THE TRANSPARENCY AND ACCESS TO PUBLIC INFORMATION LAW OF THE FEDERAL DISTRICT IS ISSUED

SOLE – The Transparency and Access to Public Information Law of the Federal District is issued, to remain as the following:

LAW AND ACCESS TO PUBLIC INFORMATION OF THE FEDERAL DISTRICT

FIRST TITLE

COMMON RESOLUTIONS FOR PUBLIC ENTITIES

CHAPTER I

GENERAL RESOLUTIONS

Article 1 - The resolutions of this Law are of public order and of general observance in the territory of the Federal District.

This present law considers the principles and bases established in the second paragraph of article 6 of the Political Constitution of the United Mexican States; its aim is to make the practice of public service transparent, to guarantee all persons effective access to the public information in the possession of the local agencies: Executive, Legislative, Judicial and Legally Autonomous Institutions and any entity, agency or organization that receives public resources from the Federal District.

The exercise of the right to information consists of disseminating, researching and obtaining public information.

Article 2 – In its relationship with private parties, Executive, Legislative, Judicial and Legally Autonomous Institutions, and those Public Entities of the Federal District that conduct public spending, will meet the principles of legality, legal certainty, impartiality, information, quickness, veracity, transparency and maximum publicity of its acts.

Article 3 – All of the information generated by, administrated by, or in the possession of the Public Entities is considered property of the public domain, accessible to any person under the terms and conditions established by this Law and any other applicable regulation.

Article 4 – For the effects of the Law is understood by:

Direct Consultation: The prerogative is that all persons can have access to public information, without intermediaries;
Personal data: All information relative to the private life of individuals;
Right of Access Public Information: The prerogative that all persons can gain access to the information generated by, administrated by, or in the power of the Public Entities, under the terms of this present Law;
Documents: The records, reports, studies, certificates, resolutions, official notes, correspondence, accords, directives, guidelines, circulars, contracts, agreements, manuals, notes, memorandums, statistics or any other record in the possession of the Public Entities and its civil servants, without regard to its source or date of preparation. The documents can be in any format, among others written, printed, audio, visual, electronic, computerized or holographic;
Public Entity: The Legislative Assembly of the Federal District; the Supreme Court of Justice of the Federal District; The Contentious Administrative Tribunal of the Federal District; The Electoral Tribunal of the Federal District; the Electoral Institute of the Federal District; the Human Rights Commission of the Federal District; the Board of Conciliation and Arbitration of the Federal District; the Head of Government of the Federal District; the Branches, Independent Agencies, Political Administrative Branches and Public Administration Entities of the Federal District; the Legally Autonomous Institutions; those that the local legislation has recognized as of public interest and that conduct public spending; and the entities equivalent to public or private legal companies, either act in assistance to the agencies previously cited in the performance of their activities or conduct public spending;
Record: A collection of related documents;
Confidential Information: That which contains personal information relative to the physical, moral or emotional, ethnic or racial origin, residence, family life, private life, intimate life and emotional life, private telephone number, e-mail, ideology, sexual preferences and all such information found in the possession of the Public Entities, sensitive for safeguarding for the fundamental right to privacy, intimacy, honor and dignity;
Restricted Access Information: Any type of information in the possession of Public Entities, classified as reserved or confidential;
Public Information: All archives, records or information contained in any format, document or printed record, optical, electronic, magnetic, chemical, physical or biological that is found in the power of the Public Entities and has not been previously classified as restricted access;
Reserved Information: Public information found to be temporarily subject to an exception stipulated in this Law;
Institute: Institute for Access to Public Information of the Federal District;
Maximum Publicity: The information which the Public Entities possess that is put forward to public scrutiny and, in the case of reasonable doubt with respect to the manner to interpret and apply the rule, the publicity of the information will be opted for;
Public Information Office: The receiving administrative unit of the citizens’ petitions for information, whose protection will be the process of the petitions, according to the rules of this Law;
Person: All human beings without regard to their legal condition or entity, excepting that stipulated in this Law;
Personal Data Protection: The guarantee the tutelage of privacy of the personal information in the power of the Public Entities;
Proof of Harm: Duty of the Public Entities to demonstrate that the disclosure of information harms the interests legally protected by the Law, and that the harm that could be caused by the publicity of the information is greater than the interest of its knowledge;
Civil Servant: The representatives by popular vote, the members of the jurisdictional agencies of the Federal District, the functionaries and employees, and all persons in general that handle or apply public economic resources or perform a job, position or commission of any nature within the Public Entities;
Personal data system: An organized collection of personal information that is in the possession of a Public Entity;
Applicant: All persons that solicit information, cancelation, rectification of, or opposition to personal information, from the Public Entities, and
Public version: A document in which the information classified as reserved or confidential has been removed to permit its access.

Article 5 - It is the obligation of all Public Entities to facilitate the participation of the people in the political, economic, social and cultural life of the Federal District; for which, they must disseminate among the inhabitants of this Federal Entity, the contents of this present Law.

Article 6 - For the interpretation of this law, the right of access to public information is interpreted in accordance with the Political Constitution of the United Mexican States, the Universal Declaration of Human Rights, the

International Covenant of Civil and Political Rights, the American Convention on Human Rights, and all other international instruments signed and ratified by the Mexican State and the interpretation that the respective international agencies have carried out.

In the case that any resolution of the law or of the applicable international treaties on the matter could have several interpretations a Judge of the Institute must prevail, that with which protects the better efficacy of the right of access to public information.

Article 7 - For all that which is not stipulated in the present Law, the Administrative Proceedings Law of the Federal District will be supplementarily applied, and in its shortfall, the Code of Civil Procedure of the Federal District.

Article 8 - To exercise the Right of Access to Public Information, it is not necessary to prove subjective rights, legitimate interest or the reasons that motivate the solicitation, except in the case of the right to the Protection of Personal Data and the resolutions contained in this present Law.

Personal data is inalienable, nontransferable and not able to be delegated, therefore no authority can provide it or make it public, except by expressed consent of the owner.

Article 9 - The objectives of the present law are:

To provide that necessary so all persons may have access to public government information, through simple procedures, quickly and free of charge;
To optimize the level of community participation in the taking of public decisions, and in the evaluation of public policies;
To guarantee the democratic principle of publicity of the records of the Government of the Federal District, making the practice of public function transparent, through the flow of timely, verifiable, intelligible, relevant and complete information;
To favor the rendition of accounts, in a way that the performance of the obliged subjects can be assessed;
To improve the organization, classification and handling of the documents in the possession of the Public Entities;
To contribute to the democratization and full force of the State of Law, and
To contribute with transparency and the rendition of the accounts of the Public Entities through the generation and publication of information on its indicators of management and performance of the public resources in a complete, truthful, timely and comprehensible manner.

Article 10 - Private parties will have preferential access to any of their own personal information that any Public Entity may hold.

Article 11 - Those who generate, administrate, handle, file or safeguard public information, will be responsible for that information under the terms of this Law.

All information in the power of the Public Entities will be at the disposition of the public, unless it is considered to be restricted access information in its distinct forms.

Those that solicit information have the right, by choice, to the means in which it is provided, whether verbally or in writing and for the reproduction of the documents that contain it to be obtained by electronic or any other means, only when they are found digitalized and without implying the processing of them. In the case that it is not available in the format solicited, the information will be provided in the state that it is found to be in the archives of the Public Entity.

The civil servant responsible for the loss, destruction, modification, alteration or hiding of the documents, archives, records or data contained in the public information, will be sanctioned under the terms of the Law of the matter.

Article 12 - The Public Entities must:

Constitute and maintain updated its filing systems and documents management;
Publish and maintain the information referred to by this present Law available on the Internet;
Have the official public information available and guarantee access to information following the principles and rules established in this Law;
Establish the necessary procedures for the classification of information according to the rules of this Law;
Assure the protection of the personal data in its possession with the adequate levels of security stipulated by the applicable regulation;
Permit access by private parties to their personal data, and in such case exercise their rights of rectification, cancelation or opposition;
Train civil servants on the subject of transparency, access to information and the protection of personal data;
Meet the resolutions of the Institute precisely and support it in the performance of its functions, and
All else that is derived from the current regulation.

CHAPTER II

THE TRANSPARENCY AND PUBLICITY OF THE RECORDS OF THE PUBLIC ENTITIES OF THE FEDERAL DISTRICT

Article 13 - At the beginning of each year, all Public Entities of the Federal District must publish a list of the information that they possess, under general headings, specifying the corresponding fiscal year, means of dissemination and the places where it is made available to the interested parties, excepting information classified as reserved or confidential under the terms of this Law.

Article 14 - At the beginning of each year, the Public Entities must maintain updated, in printed form, for direct consultation, and in the respective Internet sites, according to their functions, the corresponding information with respect to the topics, documents and policies detailed in the following:

The regulatory framework applicable to the Public Entity, must be included in the Official Gazette, laws, regulations, rules of procedures, administrative manuals, applicable policies issued, applicable to the scope of their competence;
Its organic structure in a format that permits the connecting the corresponding attributions and responsibilities according to the applicable resolutions by each link of the structure;
The report of its most relevant functions that must include the performance indicators;
The directory of civil servants, from the department head level, or equivalent, to the head of the Public Entity, with the name, photograph, official address, official telephone number and, in such case, their official e-mail;
The profile of the positions of the civil servants and the curriculum of those who occupy the position;
Gross and net monthly remuneration of all civil servants paid by salary or by fee, including all payments, benefits and compensation systems, in a format that permits the linking of each civil servant with his/her remuneration;
A list with the total amount, by item, of travel allowances, representation and food expenses, where these monthly expenses that are implemented, by virtue of his assignment or commission are linked to the civil servant;
The report of its goods and the total amount they reach, always when the amount is three hundred and fifty time greater than the current minimum wage of the Federal District;
The report of the assigned budget, in general and for programs, of the previous three fiscal years, and the quarterly reports of its implementation. This information will include:

a) The income received for any reason, including donations, indicating the name of the persons responsible for its receiving, administrating and distribution;

b) The total amounts destined for expenses related to Social Communication;

c) The expenditures budget and the method of its estimation, including all the information related to the differentiated or preferential fiscal duties;

d) The calculation basis of the income;

e) The reports of public accounts;

f) Application of the special auxiliary funds and the origin of the income; and

g) Financial statements and general balances, when it proceeds as;

The scheduling of the public meetings of the different boards, member agencies, departments, plenary sessions, commissions and work sessions that are called. The corresponding minutes or records of said meetings and sessions must be disseminated under the terms of article 37 of this Law;
Name, official address and e-mail of the civil servants in charge of the Transparency Committee and of the Public Information Office;
The instruments that must be filed and documented, according to that established in the applicable legal resolutions;
The report of their most relevant specific activities. Its dissemination must include an index that details the contents of the information on the actions of the activities that characterize its principle institutional objectives;
With respect to the audits and revisions, a report that contains the following:

a) The results of any type of audit carried out, of the budgetary spending of each one of the Public Entities.

b) The number and type of audit to carry out in the respective budgetary spending, and the agency that carried it out;

c) Total number of observations, determined by the results of the audit, for each heading subject to revision and the sanctions or corrective measures imposed; and

d) With respect to the follow up of the results of the audit, the total of the clarifications carried out by the Public Entity.

The reports of public accounts and the financial statements and any other information that the agencies of superior examination used to issue said rulings;
With respect to the agreements and contracts entered into by the Public Entity, a list that includes the contract number, its date of effect, the name or corporate name of the supplier, purpose, the amount of the total value of the contract, the period of implementation, the surveillance and supervision mechanisms, including, and in such case, the urban and urban-environmental impact;
With respect to the concessions, licenses, permits and authorizations, its purpose, the name or corporate name of the owner, term, type, and whether the procedures involve the use of the goods, services and/or public resources, must be published;
The reports that the Public Entity must render, the unit responsible for them, the legal basis that obliges their generation, and its publication schedule;
The services and programs that they offer, including information about the population, purpose and destination, and the application forms, response times, requisites and formats to access them;
On the support or subsidy programs, the design, implementation, amounts assigned and criteria of access, as well as the register of the beneficiaries must be disseminated;
The total amounts, criteria, notifications and the list of persons to whom, for any motive, they are submitted or that are permitted to use public resources. Likewise, when established by the internal rules, the reports that said persons submit to them on the use and destination of said resources;
The list with the programs and centers destined for the practice of physical activity, the exercise and the sport, including its addresses, fees and form of payment;
The annual operative programs and/or the work of each one of the Public Entities;
Report of programmatic or budgetary progress, general balances and its financial statement;
Public Accounts, and
The results of the direct allocation procedures, restricted invitation and tender of any nature, including the respective record. In the case that it contains restricted or confidential information, a public version of it will be disseminated that must contain:

a) The public tenders or the procedures of restricted invitation:

1. The official notification or invitation issued;

2. The participants or guests;

3. The name of the winner and the reasons that justify it;

4. The applying administrative unit and the person responsible for its implementation;

5. The date of the contract, its total amount and the period of surrender or implementation of the services or work tendered; and

6. In such case, the modifying agreements the contracting falls under, detailing its contents and its date of signing.

b) Those directly awarded:

1. The motives and legal bases applied;

2. In such case, the quotes considered;

3. The name of the person awarded;

4. The applying administrative unit and the person responsible for its implementation;

5. The date of the contract, its total amount and period of rendering or implementation of the services or work;

6 In such case, the modifying agreements that the contracting falls under.

This dissemination must include the register of suppliers and contractors, and the progress reports of the work or service contracted.

The Public Entities must indicate the headings of this present article that are not applicable to them in their Internet pages.

The Public Information Offices of the Public Entities must make computer equipment available to the interested parties, so they can obtain the information, directly or by printing, of which will be issued upon payment as established in the Financial Code. In the same manner, they must help the users when they require it and provide any kind of assistance with respect to the application forms and services presented.

Any person can report violations of the resolutions contained in this article before the Institute. In this case, the procedure will be to review the report in order to, considering it able to proceed, issue a resolution that obliges the Public Entity to take the necessary measures to guarantee the publicity of the information, in a period of no greater than fifteen working days.

The information referred to in this article will be available in a way that facilitates its use and comprehension by the interested parties, and in a way that permits assurance of its quality, veracity, timeliness and reliability.

Article 15 - As well as that stipulated in article 14, at the beginning of each year the Executive Branch must maintain updated, in printed form for direct consultation in the respective Internet sites, according to its functions, the corresponding information with respect to the topics, documents and policies that are detailed in the following:

Criminal statistics and indexes, and the indicators of the procurement of justice;
On the subject of investigations: statistics on the number of investigations that were rejected, in how many penal action was taken, in how many no surrender was decreed and how many were filed, as well as the orders of apprehension, presentation and shortfall;
The quantities received from fines and the destination to which they were applied;
The rules of the laws issued in the surrender of its attributions;
The lists of expropriations, minimally containing, the date of expropriation, address and public utility;
The lists of the persons that have received exemptions, pardons of local taxes, or special regimens regarding local taxation, being careful not to reveal confidential information, excepting when they are found to be related to the fulfillment of the established requirements for their obtainment;
The list of notarized patents awarded in terms of the respective Law;
The coordination agreements with the Federation, States and Municipalities and the agreements with the social and private sectors;
The General Development Program of the Federal District, linked with annual operative programs and the respective indicators of the control that permit the knowledge of the goals, the unit responsible, and the physical and financial progress for each one of the goals. The indicators of the control must be disseminated, along with the method of evaluation and a justification of the results obtained and the total amount of the public resources assigned for its fulfillment; and
The information that is useful or becomes relevant for the knowledge and evaluation of the functions and public policies.

Article 16 - As well as that indicated in article 14, at the beginning of each year the Legislative Branch must maintain updated, in printed form for direct consultation, and in its respective Internet sites, according to its functions, the corresponding information with respect to the topics, documents and policies that are detailed in the following:

Names, photographs and curriculum of the Deputies, including the substitutes, and the commissions and committees that they belong to;
Legislative agenda;
Order of the Day, attendance and voting lists of each one of the plenary sessions;
The law initiatives or decrees, points of agreement, the date of its reception, the Commissions they were distributed to, and the rulings that, in such case, they come under;
The laws, decrees and agreements approved by the Legislative Assembly of the Federal District or the Permanent Council;
The Journal of Debates;
Official announcements, minutes, stenographic versions, attendance lists and agreements of each of the analysis commissions sessions and legislative or committee rulings;
Nominal voting of the rulings and agreements under the consideration of the Plenary;
Goals and objectives of the administrative units and the agency of internal control, and a half-yearly report of its fulfillment;
Assignment and final destination of the material goods;
Reports of the official travels, national and international, of the Deputies or of the staff of the administrative units;
The reports of public accounts and the financial statements and the other the information that the agencies of superior taxation audits use to issue said reports; and
The rest of the reports that must be presented to the Internal Government, according to its Organic Law and Regulation.

Article 17 - As well as that stipulated in article 14, at the beginning of each year the Judicial Agency, of the Contentious Administrative Tribunal, the Local Board of Conciliation and Arbitration, and the Council of the Judiciary of the Federal District must maintain updated, in printed form for direct consultation and in its respective Internet sites, according to its functions, the corresponding information with respect to the topics, documents and policies that are detailed in the following:

I. The Supreme Court of Justice of the Federal District, the Contentious Administrative Tribunal and the Local Board of Conciliation and Arbitration:

a) The attendance list and the order of the day of the Plenary Sessions;

b) Records, minutes and/or Stenographic Version of the Plenary Sessions;

c) Voting of the agreements under consideration of the Plenary;

d) Agreements and Resolutions of the Plenary;

e) Scheduling of visits to the institutions of the penitentiary system of the Federal District, and the follow up and results of the interviews carried out with the individuals subject to process;

f) Judicial statistics;

g) Judicial and administrative resolutions and records resolved by Judges and Magistrates that have caused that state;

h) Judicial career, official notifications, record of applicants and the results of the evaluations;

j) Inventory of vehicles that are the property of the Tribunal, assignment and use of each one of them;

k) Total amount and handling of the economic resources of the existing Trusts in the Tribunal, according to the reports of the Technical Committee in question;

l) Total amount and regular recurrence of the economic assistance and the like awarded to its workers in all the levels and types of contract;

m) Annual program of works, annual program of acquisitions and annual program of transfer of goods that are the property of the Tribunal; and

n) The law bulletin, and any other means that contains the lists of agreements, findings, resolutions, relevant sentences and the jurisprudence.

II. Council of the Judiciary of the Federal District:

a) Schedule of Ordinary Sessions of the Council;

b) Agreements and/or resolutions of the Council;

c) Agreements and minutes of the Ordinary and Extraordinary Sessions of the Council;

d) Follow up of the agreements or resolutions of the Council;

e) Annual statistical data of its actions;

f) Procedure of ratification of Judges;

g) Application and destination of the financial resources;

h) Official travels, both national and international, of the judges, magistrates, advisors or by the staff of the administrative units;

i) Assignment and final destination of the material goods;

j) Inventory of the properties belonging to the Council, and the use and destination of each one of them; and

k) Resolutions of the internal control agency.

Article 18 - As well as that stipulated in article 14, at the beginning of each year the political-administrative branches must maintain updated, in printed form for direct consultation and in its respective Internet sites, according to its functions, the corresponding information with respect to the topics, documents and policies that are detailed in the following:

The quantities of self generated resources received by item and the use or application given by them;
The official indicators of the public services they offer;
The schedule of cultural, sports and recreational activities to be carried out;
The minutes of the committee and subcommittee sessions established by the current regulation;
The information that shows the condition of assigned goods, including the list of goods and properties, the related inventories with the addition and removal of assets of the Federal District assigned to the Political- Administrative Branches, whose amount is 350 times greater than the current minimum wage;
The budget spending must be published in the quarterly calendar on the implementation of the federal and local contributions, permitting the identification of the program for which it is destined and, in such case, the total amount of the expenditure assigned;
In the case of information on subsidized programs, all such information on the social programs must be considered; and
The Delegation Development Programs, linked with its annual operative and sectorial programs and the respective indicators of action that permit the knowledge of the goals, by the unit responsible, and the financial and physical progress, of each one of the goals. The indicators of action must be disseminated, as well as, the method of evaluation and a justification of the results obtained and the total amount of public resources assigned for its fulfillment.

Article 19 - As well as that stipulated in article 14, at the beginning of each year the Electoral Institute of the Federal District and the Electoral Tribunal of the Federal District must maintain updated, in printed form for direct consultation and in the respective Internet sites, according to its functions, the corresponding information with respect to the topics, documents and policies that are detailed in the following:

The reports presented by associations and political groups;

The records of petitions and complaints resolved for violations of the Electoral Code;
Minutes and agreements of the plenary;
The institutional programs, in terms of training, civic education and the strengthening of the political parties and other political associations;
The territorial divisions that separate the Federal District into Uninominal Electoral Districts and into territorial demarcations;
Lists of political parties and the rest of the registered political associations before the electoral authority;
The registry of candidates for positions by popular vote;
Total amount of the public and private financing, and it distribution according to its programs, awarded to the parties and other political associations and the total amount of the public and private financing authorized for electoral campaigns;
Reports submitted to the electoral authority on the origin, total amount and destination of the resources;
The total calculations of the elections and citizen participation processes carried out in the Federal District;
In the case that the Electoral Tribunal, the sentences ordered by judgment, at all times being careful not to disseminate restricted access information;
The audits, rulings and resolutions of the political parties; and
All else that is established by the current regulation.

The reports that the political parties and local political groups present to the Electoral Institute of the Federal District, and the audits and verifications ordained by the corresponding agency of the electoral agency, must be made public upon concluding the respective inspection procedure.

Article 20 - As well as that stipulated in article 14, at the beginning of each year the Human Rights Commission of the Federal District must maintain updated, in printed form for direct consultation and in the respective Internet sites, according to its functions, the corresponding information with respect to the topics, documents and policies that are detailed in the following:

The recommendations sent, its recipient and the state of attention it is found, at all times being careful not to disseminate restricted access information;
The petitions of concluded complaints and challenges, and the judgment by which they came to that state; and
Statistics on the crime reports presented that permit the identification of the gender of the victim, the geographic location, age and the type of crime, at all times being careful not to disseminate restricted access information;

Article 21 - As well as that stipulated in article 14, at the beginning of each year the Autonomous University of Mexico City must maintain updated, in printed form for direct consultation and in the respective Internet sites, according to its functions, the corresponding information with respect to the topics, documents and policies that are detailed in the following:

The study plans and programs according to the system that is offered, whether it be traditional schooling or open learning, with the areas of knowledge, the professional profile of those who studies the course, the duration of the program with the subjects for each semester, its value in credits and a summarized description of each one of them;
All information related with its procedures of admission;
The indicators of results in the performance evaluations of the academic and administrative staff; and
A list of the teachers on leave or in a sabbatical year;

Article 22 - As well as that stipulated in article 14, at the beginning of each year the Institute for Access to Public Information of the Federal District must maintain updated, in printed form for direct consultation and in the respective Internet sites, according to its functions, the corresponding information with respect to the topics, documents and policies that are detailed in the following:

The result of the petitions for revision interposed and the public versions of the resolutions issued;
The studies that support the resolution of the petitions for revision;
If any, the judicial sentences, enforceable judgments or suspensions that are against its resolutions;
Statistics on the applications for information. In them, they must identify: the receiving Public Entity, the profile of the applicant, the type of response, and the themes of the applications;
The stenographic version of the sessions of the plenary;
The results of the evaluation of the fulfillment of the law of the Public Entities;
Reports on the actions of the promotion of the culture of transparency; and
All else that is considered relevant and of interest to the public.

Article 23 - The results of the call to competition or tender of public works, acquisitions, leasing, concessions and rendering of services must contain that stipulated by the law of the matter.

Article 24 – In the question of concessions, permits or authorizations to private parties, the information must specify:

Name or company name of the owner;
Concept of the concession, authorization or permit; and
Term.

Article 25 - All information the Public Entities provide, with respect to the implementation of a public work by restricted invitation, must specify:

The amount;
The place;
The period of implementation;
The identification of the ordained Public Entity and the person responsible for the work;
The name of the supplier, contractor or of the person or company with whom the contract was entered into; and
The surveillance and supervision mechanisms, including if be the case, the environmental impact and seismic studies.

Article 26 - The Public Entities are obliged to provide the information that is required to any person about the function and activities that they develop, except those that are of restricted access, according to that stipulated in the present Law.

Article 27 - The control agency of public management and the technical agency of inspection of the Assembly, both of the Federal District, must provide an application report of the results of the concluded audits budgetary spending that each subject is obliged to carry out. To provide the information referred to, they must clearly indicate the stage of the procedure and the legal scope of the same.

The Public Entities must provide the applicants, the information relative to the solvencies or explanations derived from the concluded audits.

Article 28 - The Public Entities must have instructions on the home page of their Internet websites indicating the site where the information referred to in this Chapter can be found. Likewise, the pages must have subject searchers and have a back up of electronic records for any person that that solicits them.

Equally, they must procurer the creation of data bases useful for the generation of knowledge on the part of society.

Article 29 - With the aim of verifying that the public information any person receives is the most updated version, the Public Entity must disseminate, within the first month of each year, an updating schedule, for the content of information and the area responsible. In the case that there is no rule that instructs the updating of specific content; it must be updated at least once every three months. In all cases it must indicate the date of the last update for each heading to that which is referred to in this Chapter.

Article 30 - All companies, civil society organizations, unions or anything similar that receives public resources for any reason, excepting union dues, must provide to the Public Entities, from those that receive it, the information relative to use, destination and activities that are carried out with those resources.

Article 31 – The parties, associations and political groups are Public Entities obliged to transparency and access to information under the terms of this Law and the Electoral Code of the Federal District. The information that they administrate, possess or generate in the performance of their functions will be subject to the principle of maximum publicity.

Facing non-fulfillment on the matter of transparency and access to information, the Institute for Access to Public Information of the Federal District will inform the Electoral Institute of the Federal District, in order to determine the proceeding actions.

Article 32 - In each one of the headings of the public information stipulated in the articles of this Chapter, the area responsible for generating the information must be indicated.

The information stipulated in this chapter will be considered official public information.

CHAPTER III

THE PROMOTION OF THE RIGHT OF ACCESS TO PUBLIC INFORMATION

Article 33 - The Public Entities must cooperate with the Institute to permanently train and update all its civil servants on the subject of the right of access to public information and the exercising of the right to the Protection of Personal Data, through courses, seminars, workshops and all other forms of teaching and training that are considered pertinent.

Article 34 - The Institute will make proposals to the competent educational authorities, which include contents of the social importance of the Right of Access to Public Information in preschool, primary, secondary, standard educational study plans and programs and for the training of teachers of basic education that teach in the Federal District.

Article 35 - The Institute will promote the inclusion, within their curricular and extracurricular academic activities, among the public and private institutions of higher education in the Federal District, the subjects that ponder the social importance of the right of access to public information.

CHAPTER IV

RESTRICTED ACCESS INFORMATION

Article 36 - The information defined by this Law such as restricted access, in its classifications of reserved and confidential, cannot be disclosed, under any circumstance, barring the exceptions indicated in this chapter.

The information can only be classified as reserved through a founded and motivated resolution in that, based on the objective or verifiable elements, a high probability of harm to the protected public interest can be identified.

That which is not found within the hypothesis expressly stated in this present Law cannot be classified as restricted access information.

Article 37 - All of the information in the archives of the Public Entities is public, excepting that which in an expressed and specific manner is foreseen as reserved information in the following cases:

When its disclosure puts the national security or that of the Federal District at risk;
When its disclosure puts the life, security or health of any person at risk or the development of reserved investigations at risk;
When its disclosure impedes the verification activities of the fulfillment of the laws, prevention or persecution of crimes, the imparting of justice and the collection of taxes;
When the law expressly considers it as reserved;
When it deals with commercial, industrial, fiscal, banking, trust or other secrets considered as such by a legal resolution;
When it is related to intellectual property, patents or brands in the power of the entities;
The records, archives and documents that are obtained as a product of the activities relative to prevention, carried out by the authorities on the matter of public security and the procurement of justice in the Federal District and the legal investigations in process;
When the question of judicial records or the administrative proceedings, followed in the form of a judgment, while the sentence or founding resolution has not caused judgment. Once that the said resolution determines the state, the records will be public, excepting the reserved or confidential information they may contain;
When the question of procedures of responsibility of the civil servants, in such that the definitive administrative resolution has not been promulgated;
That which contains the opinions, recommendations or points of view that form part of the deliberative process of the civil servants, in such that could influence a process of decision taking that affects the public interest, and until the definitive decision has not been adopted. In all of these cases, the definitive decision must be documented;
The content of reports, references and all kinds of briefs related with the definition of strategies and measures to take for the Public Entities in the matter of legal controversies;
That which could generate an undue personal advantage in the harm of a third party or the Public Entities;
The transcription of the meetings and information obtained by the Commissions of the Legislative Assembly of the Federal District, when they meet in the performance of their controlling functions to obtain the information that could be included in the suppositions of this article, and
The document related with the security of the strategic facilities of the Public Entities.

The banking secret cannot be invoked when the holder of the account is a Public Entity.

The character of reserved cannot be invoked when it is a question of the investigation of crimes against humanity. Likewise, subject to application, the Public Entity must prepare public versions of the suppositions stipulated in the present article.

In no case, can the Public Entities issue general agreements that classify documents or information as reserved.

Article 38 - Considered as confidential information:

The personal information that requires the consent of the individual for its dissemination, distribution or commercialization and whose disclosure is not stipulated in a Law;
The information protected by legislation in the matter of copyright or intellectual property;
That relative to the patrimony of a private law firm, submitted with such character to any Public Entity; and
That related with the right to a private life, honor and own image.
This information will maintain this character indefinitely and only the owners and civil servants that require it, due to the performance of their functions, can have access to it.

Article 39 - The competent authorities will take due precaution that the confidential information that is part of the jurisdictional processes or procedures followed by judgment, is maintained reserved and only be of access to the parties involved, those that file complaints or denounce, or third parties called to judgment.

For the effects of the previous paragraph, the authorities that negotiate the jurisdictional processes or procedures that they promulgate, will require written consent from the parties in the first agreement, to restrict public access to the confidential information, with the understanding that the omission to examine said requirement, will constitute a negative response that said information be public.

Without prejudice to that established in the two previous paragraphs, the Public Entities mentioned in this article will have the obligation to publish the list of agreements and the total of matters received and resolved in their Internet sites.

Article 40 - Information classified as reserved cannot be disclosed for a period of seven years, counting as of the date in which the document or record was generated, excepting the following suppositions:

When before the fulfillment of the period of restriction, the motives that justified its restricted access cease to exist;
When it was necessary for the defense of the applicant’s right before the courts; or
By firm resolution of the Institute.

The reserve period can be renewed by exception, by up to five years, always when the causes that originated it subsist.

When the reserve period concludes or the causes that originated it have disappeared, the information will be public without the necessity of previous agreement, owing to the protection of the Public Entity in possession of the confidential information.

Article 41 - The information must be classified by the Public Entity at the moment that they receive an application for information.

When the competent authorities consider that the information must remain reserved, the Public Entity must report it to the Institute for the issuance of the respective recommendation, in a period of no greater than thirty natural days as of the application.

The recommendations mentioned in the previous paragraph will not be binding for the Public Entity, yet under its strictest responsibility it will issue the agreement that will or will not extend it until a maximum of five additional days, under the terms of article 42 of this Law.

In no case, can information be reserved for a period greater that twelve years, counted as of its first classification, proceeding of the disclosure of the information if, before the fulfillment of the additional period of restriction, the motives that justified such character cease to exist.

The Institute can establish specific criteria for the classification of the information through the issuance of classification and declassification guidelines. In no case, the Public Entities can classify documents as restricted access before having generated the information.

In the case that there is data that partially contains information whose access is found to be classified as restricted under the terms of this Law, the part that does not have that character must be provided.

Article 42 - The response to the application for information that is found to be classified as restricted, must indicate the source of information, that it is legitimately within one of the hypothesis of stipulated exception in the present Law, that its disclosure harms the interest that protects, that the damage that could be produced by the publicity of the information is greater than the public interest to know it and that it is founded and motivated; likewise it must detail the parts of the documents that they reserve, the reserve period and the designation of the authority responsible for its conservation, storage and custody.

The heads of the Public Entities must adopt the necessary measures to assure restricted access to the classified documents or records.

Article 43 - When private parties submit confidential information to the Public Entities derived from an application or procedure where a benefit can be obtained, it must indicate the documents or the sections that contain such information. In the case that there is an application for access that includes confidential information, the Public Entities may communicate it, when and always through the expressed consent of the owning private party of said confidential information.

Article 44 - Confidential information is not subject to expiry periods, by which it will have this character indefinitely and its access will be restricted, excepting by consent of its owner for its dissemination.

SECOND TITLE

ACCESS TO PUBLIC INFORMATION IN THE FEDERAL DISTRICT

CHAPTER I

PROCEDURES TO EXERCISE THE RIGHT OF ACCESS TO PUBLIC INFORMATION

Article 45 - All persons, on their own or by legal representative, have the right to present an application for access to information, without the need to sustaining any justification or motivation.

All the procedures relative to the access of information must be governed by the following principles:

Maximum publicity;
Simplicity and quickness;
Procedure without cost;
Reasonable cost of the reproduction;
Freedom of information;
Good faith of the applicant; and
Guidance and advice to the individuals.

Article 46 - The people will exercise their right to access the information through the Public Information Office of the Public Entity that possesses it.

Article 47 - The application for access to public information will be made in writing or by e-mail, except when the nature of the matter permits it to be verbal, including by telephone, in which case it will be the responsibility of the Public Entity to register the application and then proceed to submit a copy of it to the interested party.

The Institute, under the terms of the guidelines it issues for such effects, will implement a system for receiving and registering by telephone, or through the established electronic means, the applications for access to the information that the persons present to the Public Entities of the Federal District. The action of the Institute will conclude with the sending of the application for information to the competent Public Entity to attend the application.

The Institute will have the infrastructure and the technological means necessary to guarantee the effective access to information for handicapped persons.

The application for access to information that they present must at least contain the following information:

Identification information of the Public Entity to whom it is directed;
The profile of the applicant, without identifying them and solely with statistical aims. This information will be optionally provided by the applicant and in no case can it be a requirement for the
process of the application;
Clear and precise description of the data and information being solicited;
The address or indicated means to receive the information or notifications; and
The form in which they prefer the access to the information to be awarded, of which can be through direct consultation, simple copies, certified or any other type of electronic means.

If the application presented does not detail or does not contain all the data required, at that moment the Public Entity must assist the applicant to correct the deficiencies. For a written application, the Public Entity will advise the applicant in writing, in a period no greater than five working days, in order that, in an equal period and in the same manner, it is complemented or explained. In case of non-fulfillment of said prevention, the application will be considered as not presented.

In the case that the applicant does not indicate his/her address or some other means authorized by this law to hear and receive notifications, the prevention will be notified by a list posted in the Public Information Office of the corresponding Public Entity.

The corresponding public information office is obliged to assist the applicant in the filling out of the application when required.

If the application is presented before a Public Entity that is not competent to submit the information or that does not have it by reason of its scope, the receiving office must communicate with, and duly guide, the applicant, and in a period no greater than five working days, must remit the application to the corresponding Public Information Office.

Article 48 - The applications for Access to public information will be free of charge.

The cost of reproduction of the information solicited, that will be stipulated in the Financial Code of the Federal District, will be charged to the applicant before its surrender and will be calculated according to:

The cost of the materials utilized in the reproduction of the information;
The cost of shipping; and
The certification of documents when conducted.

The Public Entities must make every effort to reduce the costs of the surrender of information.

Article 49 - The Public Entities are obliged to guide, in a simple and comprehensible manner, all persons on the processes and procedures that must be carried out in order to solicit public information, the authorities or competent entities, the way to carry it out, the way to fill out the required formulas, and before which entities they can apply to solicit guidance or make complaints, consultations or claims on the rendering of the service or on the performance of the functions or competences of which the civil servants in question are in charge. The Public Entities must implement the application for information electronically.

Article 50 - In the case that the documents solicited are of restricted access, the person responsible for the classification must immediately remit the application and a report, with the necessary elements to found and motivate said classification, to the head of the Transparency Committee, which must resolve it if:

Access to the information is confirmed and denied;
The classification is modified and the access to part of the information is granted; or
The classification is revoked and access to the information is granted.

The Transparency Committee can have access to the documents that are found in the power of the Public Entity.

In the case that the application is rejected or denied, the corresponding resolution must communicate with the applicant in writing, within the following ten working days of its reception, in the place or by any of the indicated means to hear and receive notifications. The response to the application must meet the requirements established in article 42 of this Law.

When the information is not found in the archives of the Public Entity, the Transparency Committee will analyze the case and take the necessary measures to locate the information and resolve in consequence. It is assumed that the information exists if some of the faculties or attributions that the applicable juridical laws awarded to the Public Entity are documented. In such case, the Transparency Committee will issue a resolution that confirms the inexistence of the document that can ordain it to be generated, when possible, and will notify the applicant through the office of public information, and the internal control agency of the Public Entity who, in such case, must initiate a proceeding of administrative responsibility.

Article 51 - All applications for information carried out under the terms of the present Law, accepted by the Public Entity, will be satisfied in a period of no greater than the following ten working days as of the reception or examination the prevention that in such case, this period can be extended for up to ten working days more in function of volume or complexity of the information solicited by the applicant.

The Public Entity must communicate the reasons for which the extension will be used to the applicant before the expiry of the period. They cannot invoke motives that imply negligence or carelessness of the Public Entity in the examination of the application as reasons for the extension of the period.

When the application for information has as its object information considered as official public information, it must be submitted in a period of no greater than five days.

The Public Entity that favorably responds to the application for information must notify the interested party of the payment of rights or the extension of the period.

Once that the applicant proves to have made the corresponding payment the Public Entity must submit the information within a period that must not exceed three working days.

After thirty working days of having issued the response the expiry of the application will come into effect and the notification of the corresponding agreement will be posted on the list in the Public Information Office of the corresponding Public Entity.

The applications for access to information and the responses that are given, including, in such case, the submitted information, will be public. Likewise, the Public Entities must make this information available to the public, in the measure that it is solicited, through remote or local means of electronic communication.

Article 52 – The applications, periods, payments of rights and requirements called for by this Law are satisfied by the interested party, if the information solicited had not been submitted on time by the corresponding Public Entity, and it will be understood that the response is affirmative in his favor, excepting when the application is for restricted access information, in which case, it will be understood as negative.

Article 53 - When the response to the application for information that the Public Entity possesses is not received on time and in manner, the entity is obliged to award it to the interested party within a period of no greater than ten working days, subsequent to the expiry of the response period, without any charge to the applicant, always when the information referred to is not restricted access information, without prejudice to the sanctions to civil servants that caused the omission deserve.

If the response to the application for information was ambiguous or partial, to the judgment of the applicant, the decision can be challenged under the terms of this Law.

Article 54 - The obligation to give access to information is considered as fulfilled when, by the decision of the applicant, the information is submitted by electronic means, when its availability for consultation is placed in the site in which it is found or through the surrender of simple or certified copies. Within the measure of possibility, the information will preferably be submitted by electronic means.

Without prejudice to the above mentioned, when the information is found available on the Internet, the Information Office will indicate that to the applicant, explaining the complete web address of the site where the required information can be found, without exempting the Public Entity from providing the information in the format solicited.

In the case that the information is already available to in printed form, the source, place and format that can be consulted, reproduced or acquired, said information will be made known to the applicant in writing, without it exempting the Public Entity from providing the information in the format solicited.

Article 55 - The original data or records will be permitted for direct consultation, only in the case that it is not found stored in some magnetic means, on digital microcards or when its state permits.

Article 56 - Under no circumstance will the lending or removal of original records or data of the archives that are found stored be permitted.

Article 57 - The Public Entities are obliged to advise the applicant on the service of direct consultation of public information.

The Public Information Office will not be obliged to process offensive applications.

CHAPTER II

THE PUBLIC INFORMATION OFFICES AND THE TRANSPARENCY COMMITTEES

Article 58 - Attributions of the Public Information Office are:

Input, organize, analyze and process the applications for information presented before the Public Entity;
Obtain, publish and update the official public information;
Propose the internal procedures that contribute to the greatest efficiency in the attention of the applications for access to the information to the Transparency Committee of the Public Entity.

Receive and process the applications for information and follow them up until its surrender, in the meantime protecting it correspondingly;
Keep the registry, quarterly updating it, of the applications for access to the information, and its process, costs and results, bringing it to the knowledge of the corresponding Transparency Committee;
Advise and guide those requiring assistance, in the preparation of the applications for information, and the process for the exercise of their right to its access;
Make the corresponding notifications to the applicants;
Authorize the necessary civil servants of the Public Entities to receive and process the applications for access to information;
Support the Transparency Committee in the performance of its functions; and
Establish the procedures to assure that, in the case of confidential information, these are only submitted to the owner or their representative.

Article 59 - Each Public Entity will have a Transparency Committee, made up of the civil servants determined by its head. The head of the Internal Control Agency of the Public Entity will always be a member of said Committee.

Article 60 - All of the Transparency Committees must register before the Institute.

The Committee will adopt its decisions by the majority of votes of its members. In case of a tie, the head of the Public Entity will have the deciding vote.

Article 61 - Incumbent on the Transparency Committee:

Propose the system of information of the Public Entity;
Safeguard that the system of information is adjusted to the applicable regulation and, in such case, process the proceeding corrective measures;
Carry out the necessary actions to guarantee the exercise of the right to Access the information;
Revise the classification of information and protect the information, in the proper cases, will prepare the public version of the information;
Supervise the registration and updating of the applications for access to the information, and its process, costs and results;
Promote and propose the policy and the standards of the Public Entity on the matter of transparency and access to the information;
Establish the Information Office or Offices that are necessary and safeguard the effective fulfillment of the functions of them;
Promote the training and updating of the civil servants ascribed to the Public Information Offices;
Foster the culture of transparency;
Promote and propose the entering into of collaboration agreements pertinent to the adequate fulfillment of the attributions of the Committee and the Offices;
Confirm, modify or revoke the classification of the information generated by the Public Information Office of the Public Entity;
Sign the declarations of inexistence of the information or of restricted access;
Propose the procedures to assure the best efficiency in the handling of the application for access to the information;
Prepare and send to the Institute, according to the criteria that it issues, the information for the preparation of the report of the institute;
Supervise the application of the specific criteria of the Public Entity, in the matter of cataloging and conservation of the administrative documents, and the organization of the archives;
Supervise the fulfillment of criteria and guidelines in the matter of restricted access information; and
All else established by the current regulation.

Article 62 - In case the solicited information is not located, in order for the Committee to make the declaration of inexistence, it must participate in the session of the heads of the competent administrative unit in the matter.

THIRD TITLE

THE INSTITUTE FOR ACCESS TO PUBLIC INFORMATION

OF THE FEDERAL DISTRICT

CHAPTER I

CONFORMATION AND ATTRIBUTIONS

Article 63 - The Institute for Access to Public Information of the Federal District is an autonomous institution of the Federal District, with a corporate identity and patrimony, with budgetary autonomy, of operation and decision on the matter of transparency and access to public information, in charge of directing and safeguarding the fulfillment of the present Law and the rules that are derived from it, and be responsible for the principles of certainty, legality, independence, impartiality and objectivity that reign in all its decisions.

In the framework of its attributions, the Institute will be governed by the principles of austerity, rationality and transparency in the spending of its budget.

The personnel that render their services to the Institute will be governed by the resolutions of section B of article 123 of the Political Constitution of the Mexican United States and of the Federal Law of Workers in Service of the State.

Said personnel will remain incorporated in the Institute for Social Security and Services for State Workers.

All the civil servants that make up the staff of the Institute are workers of trust due to the nature of the functions that they perform.

Article 64 - The patrimony of the Institute for Access to Public Information of the Federal District will be constituted by:

The income they perceive according to the Expenditures Budget of the Federal District;
Goods and properties and other resources that the federal governments and of the Federal District contribute in order to carry out its affairs;
The subsidies and contributions permanent, periodic or eventual, that are received from the federal governments and the Federal District and, in general, those that are obtained from public and private institutions or from private parties, national or international;
The donations, inheritances and testimonies that are made in their favor; and
All other income and goods that correspond to them or that they acquire by any other legal means.

Article 65 - of Access to Public Information of the Federal District will administrate its patrimony according to the present Law and its internal regulation taking the following into consideration:

The spending of the budget must be adjusted to the principles of austerity, honesty, legality, rationality, transparency and the optimization of resources.
The juridical laws of the Federal District can be applied in the matter in a supplementary manner, in such that they do not oppose the autonomy, nature and functions of the Institute.

Article 66 - The Institute will be composed President Commissioner and four Citizen Commissioners, representatives of the civil society, who will be designated by the vote of two thirds of the present members of the plenary of the Legislative Assembly of the Federal District according to the following bases:

The Legislative Assembly of the Federal District, through the Commission of Local Public Administration,
will issue an open public notification which will invite nongovernmental organizations, research centers, colleges, bars and professional associations, academic institutions and the media to present proposals of candidates for citizen commissioners, always meeting the requirements stipulated by article 67 of this Law;
In the notification the periods, places, and hours of presentation of the applications, the requirements and the manner of proving them will be established, likewise will be published in the Official Gazette of the Federal District and for its greatest dissemination in three newspapers of greatest circulation in the Federal District;
The Commission will carry out the selection of candidates for the citizen commissioners and will remit its proposal to the Plenary of the Legislative Assembly of the Federal District in order that it, based on the trajectory and experience of the candidates, carries out the corresponding designation;
In the composition of the Plenary of the Institute will procure that gender equity exists; and
Once the citizen commissioners are designated, they must render protest before the Plenary of the Legislative Assembly of the Federal District.

The designation of the citizen representatives that will constitute the Institute for Access to Public Information of the Federal District will be published in the Official Gazette of the Federal District and for its mayor dissemination in three newspapers of the greatest circulation in the Federal District.

Article 67 - Requirements to be a citizen commissioner:

To be a Mexican citizen, with legal residence in the Federal District for at least five years prior to the designation;
To be at least thirty years of age by the day of the designation;
Enjoy personal recognition and professional prestige;
To not have been the leader of any political party or association, or minister of a religious cult, for at least five years prior to the moment of their designation;
To not have been a civil servant for at least one year prior to the moment of their designation, excepting labors directly connected with the subject matter of the present Law;
Not have been condemned for a crime of fraud; and

In the composition of the Plenary of the Institute gender equity will be procured.

Article 68 - The citizen commissioners will remain in their position for a period of six years without the possibility of reelection. The remunerations of the citizen commissioners will be equivalent to the Magistrate of the Supreme Court of Justice of the Federal District. This position is incompatible with any other employment or activity, excepting education and academic research, always when it is a full time position. The citizen commissioners cannot be removed from their positions during the period for which they were appointed, excepting that they incur any of the following suppositions:

The attack on the democratic institutions;
The attack on the representative and local republican form of government;
The serious and systematic violations of the individual or social guarantees;
The attack on the freedom of the suffrage;
The usurpation of attributions
Any infraction to the Constitution or to the local Laws, when they cause serious harm to society, or
Some disturbance in the normal function of the institutions;

The omissions of a serious character, under the terms of the previous subsection;
Notorious or reiterated non-fulfillment of the obligations established in the Law and other resolutions that emanate from it; or
To be sentenced for the commission of a crime that deserves privation of liberty punishment.

The Legislative Assembly of the Federal District, subject to guarantee of audience by majority in the plenary, will certify the existence and seriousness of the acts or omissions referred to in this article.

The President of the Institute will be named by majority in the plenary of the Legislative Assembly of the Federal District, for a period of three years, able to be reelected only once.

The Plenary of the Institute will be the directive entity and the Chair the executive, and therefore will have the sufficient attributes to oblige the fulfillment of the present Law, excepting that which is expressly conferred to the Plenary of the Institute.

The Internal Regulation of the Institute will indicate the suppositions by which the persons commissioned must excuse themselves for the impediment of knowledge about a concrete case. The parties in a petition can reject a commissioned person with cause. Will correspond to the Plenary certify the source of the rejection.

Article 69 - The Institute will have a Technical Secretary that will be designated by the President of the Institute, according to the relative rules of the organization and function that will be stipulated in the regulation that is issued for such effect.

Article 70 - The Plenary of the Institute can hold valid sessions with the presence of the simple majority of its members, to able itself to make the agreements by the majority of votes by the members in attendance. In the case of a tie the President will have the deciding vote. The plenary sessions of the Institute will be public, except by agreement to declare them private, when the nature of the topics merit.

Article 71 - The Plenary of the Institute will hold sessions at least weekly and will have the following attributions:

Issue opinions and recommendations on topics related with the present Law, and issue recommendations to the Public Entities with respect to the information that they are obliged to publish and maintain updated under the terms of the present Law;
Investigate, know and resolve the petitions for revision that are interposed against the actions and resolutions dictated by the Public Entities, related to the applications for access to information, protecting the rights that are safeguarded by the present Law;
Pass judgment on the cataloging, safekeeping and storage of all types of data, records and archives of the Public Entities;
Propose the means for the creation of a documental collection on the matter of access to information;
Organize seminars, courses, workshops and other activities that promote the knowledge of the present Law and the prerogatives of the persons, derived from the Right of Access to Public Information;
Prepare and publish studies and research to disseminate the knowledge of the present Law;
Issue its internal regulation, manuals and other rules the facilitate its organization and function;
Design and apply indicators to evaluate the performance of the Public Entities on the fulfillment of this Law;
Establish an internal system of clear, transparent and timely rendering of accounts, and guarantee access the public information within the Institute under the terms of the Law;
Award consultation for the systematization of the information on the part of the Public Entities;
Evaluate the observance of the rules on the matter of transparency and publicity of the records of the Public Entities. Issue and safeguard the fulfillment of the public recommendations to said entities when the rights that this Law consecrates are violated, and distribute to the internal control agencies of the Public Entities the denouncements received for non-fulfillment of that stipulated in the present Law, for the examination of the corresponding procedures;
Solicit and evaluate reports of the Public Entities with respect to the Exercise the Right of access to Public Information;
Receive the annual reports of the Public Entities with respect to the Exercise the Right of access to Public Information for their evaluation;
Prepare its Annual Operative Program;
Appoint the civil servants that constitute the Institute;
Design and approve the application formats for Access to public information;
Prepare a brief on the procedures of access to the information;
Prepare its annual budget project;
Establish and revise the criteria of custody of the reserved and confidential information;
Annually publish the index of fulfillment of the present Law on the of the Public Entities;
Safeguard the fulfillment of this Law, its regulation and other applicable resolutions;
Evaluate the performance of the Public Entities, through the practice of periodic inspection visits, of which in no case can refer to restricted access information;
Issue recommendations on the classification of information made by the Public Entities;
Implement the mechanisms of observation that permits the population utilize the transparency to safeguard and evaluate the performance of the Public Entities, according to the applicable juridical resolutions;
Promote the training and updating of the Public Entities responsible for the application of this Law;
Promote the preparation of guidebooks that explain the procedures and processes subject of this Law;
Promote that in the study programs and plans, books and materials that are used in the educational institutions, of all levels and forms of the State, include the contents and the references of the rights safeguarded in this Law;
Promote that the public and private institutions of higher education including the subjects that ponder the rights safeguarded in this Law, within its curricular and extracurricular academic activities;
Guide and help the people exercise their right to access the information;
Stimulate, together with institutions of higher education, the integration of research centers, dissemination and education on transparency, the right of access to public information topics and assist the Institute in its existing tasks;
Hold public sessions;
Present proposals of the regulation of this Law and its modifications to the Head of Government of the Federal District;
Establish the administrative structure of the Institute and its hierarchy, and the mechanisms for the selection and hiring of the personnel, under the terms of its regulation;
Examine, discuss and, in such case, approve or modify the programs that are submitted the President for consideration;
To know and, in such case, approve the management reports of the different agencies of the Institute;
Approve the annual report that will be presented to the President Commissioner of the Legislative Assembly of the Federal District;
Settle any type of incumbency conflict between the agencies of the Institute, resolving them definitively;
XXXVIII Approve the entering into of agreements;
Establish the rules, procedures and criteria for the financial administration and that of the material goods of the Institute;
Send the regulations, agreements and other resolutions that require dissemination for their publication in the Official Gazette of the Federal District;
Promulgate all of the measures for the improvement of the functionality of the Institute;
Maintain effective collaboration and coordination with the Public Entities, in order to achieve the fulfillment of this Law;
Know, by denouncement, the facts that are or could be constituted as infractions of the present Law and other resolutions on the matter and, in such case, denounce the facts to the competent authority; and
All else derived from the present Law and other applicable resolutions.

Article 72 - The President Commissioner will have the following powers and obligations:

Legally represent the Institute with power of attorney for records of administration, disputes and collections;
Award, substitute and revoke general and special powers for records of administration, disputes and collections, according to the applicable juridical resolutions and with previous authorization of the Plenary;
Safeguard the correct performance of the activities of the Institute;
Call and conduct the plenary sessions under the terms of the respective regulation;
Fulfill and oblige the fulfillment of the agreements adopted by the Plenary;
Render the reports before the competent authorities, in representation of the Institute;
Exercise, in case of a tie, the deciding vote;
Present in writing, to the H. Legislative Assembly, the annual report approved by the Plenary, by the fifteenth of March of each year at the latest;
Exercise alone, or through the designated agencies in the regulation, the expenditure budget of the
Institute, under the supervision of the Plenary; and
All else this Law and its regulation confers.

Article 73 - The Public Entities must present a corresponding report of the previous year to the Institute, before the end of the last working day of January of each year, at the latest. The omission of the presentation of said report will be motive of responsibility.

The report referred to in the previous paragraph must contain:

The number of applications for information presented to the Public Entity in question and its information;
The quantity of applications processed and attended, and the number of pending applications;
III The time taken to process and the number of civil servants involved in the attention to the applications;
The quantity of resolutions issued by said entity in where the application for information was denied; and
The number of complaints presented against the entity.

Article 74 - The Institute will annually present a report on the activities and results achieved during the immediately previous fiscal year, with respect to access to public information, before the Legislative Assembly of the Federal District, by the fifteenth of March of each year at the latest, which will at least include:

The number of applications for access to the information, presented before each Public Entity, and their results;
The response time to the application;
The state of the denouncements presented before the internal control agencies and the difficulties observed in the fulfillment of this Law;
The use of the public resources;
The action taken;
Its performance indicators; and
The impact of its performance.

Article 75 - An extract of the report referred to in the previous article must be published in the Official Gazette of the Federal District, by the first of April of each year, at the latest.

CHAPTER II

PETITION FOR REVISION

Article 76 - The petition for revision can be interposed, directly or by electronic means, before the Institute. For this effect, the offices of public information upon responding to an application for access, will guide the individual on his right to interpose the petition for revision and the way to do it and the period of time.

Article 77 - The petition for revision will proceed for any of the following causes:

The negative response for access to information;
The declaration of inexistence of information;
The classification of the information as reserved or confidential;
When information distinct to that solicited or in an incomprehensible format is submitted;
The nonconformity of the costs, surrender time and content of the information;
The information submitted is incomplete or does not correspond with the application;
The nonconformity with the reasons that originate an extension;
Against the lack of response to the application by the Public Entity obliged, within the periods established in this Law;
Against the negative response of the Public Entity to carry out the direct consultation; and
When the applicant believes that the response of the Public Entity is illegal or without grounds and motive.

The above, without prejudice to the individuals’ right to interpose complaint before the internal control agency of the Public Entities.

Article 78 - The petition for revision must be presented within fifteen working days, counting as of the date that the notification of the resolution challenged takes effect. In the case of subsection VIII of the previous article, the period will count as of the moment the term established, to respond to the applications for access to information, has expired. In this case it will be enough that the applicant submit the petition with the document that confirms the date on which the application was presented.

The petition for revision can be interposed by an open letter, or through the formats that the Institute provides for such purpose, or by electronic means, meeting the following requirements:

To be directed to the Institute for Access to Public Information of the Federal District;
The name of the appellant and, in such case, the name of the legal representative or agent, accompanied by the document that proves their identity, and the name of the interested third party, if applicable;
The address or electronic means to hear or receive notifications and in such case, to whom is authorized to hear or receive them in his name; in case it is not indicated, though of personal character will be listed;
Explain the record or resolution challenged and the authority responsible for it;
Indicate the date notified of the record or resolution being challenged, except in the case referred to in subsection VIII of article 77;
Mention the facts that found the challenge, the offenses that the record or resolution challenged caused; and
Submit a copy of the resolution or record challenged with the corresponding notification. When it is a question of applications that were not resolved on time, annex a copy of the initiation of the process.

Additionally, the evidence can be annexed, and other elements that are considered bringing to the knowledge of the Institute.

Article 79 - In the case that the appellant does not meet one of the requirements, as stated in the previous article, the Institute, in a period of no greater that five days, will warn the appellant to correct the irregularities, in a maximum period of five working days as of when the notification takes effect. With the notification of the case of non-fulfillment the petition will be considered as not interposed.

Article 80 - The Institute, upon knowing of the petition for revision, will be subject to the following guidelines:

Once the petition is presented, will promulgate the corresponding agreement within the following three working days;
In the case of admission, the Institute will ordain the Public Entity to render a report, with respect to the record or resolution appealed, within the five working days, in which it will include the proof that served as the basis for the issuance of said record, and other evidence considered pertinent;
In the case there is an interested third party, the notification will be made in order that, in the same period, the party prove its character, allege that which his right convenes and provide the pertinent evidence;
The response received or the period to respond to the resource has expired, the Institute will inform the appellant, who within the following five working days, will present the evidence and will allege that which his right convenes;
The parties can offer all types of evidence, excepting the confessional of the Public Entities and those that are contrary to law. In every case, it will correspond to the Institute to discard that evidence unrelated to the petition;
If one of the parties, through conviction, had offered that which is not examined by its own and special nature, the date of the public audience for its examination will be indicated within the following three days after its reception. Once the evidence is examined, the instruction will be declared closed and the record will pass to a resolution.
In a period of forty days, counted as of the admission of the petition, if the evidence presented was examined by its own and special nature, must issue the corresponding resolution. When there is just cause, the period to resolve it can be extended up to twenty days more;
The Institute, in such case, can reconcile the parties with the aim of avoiding extended steps in the surrender of the information, notifying them with a minimum of three working days advanced notice.
During the procedure, the substitution must be applied to the deficiency of the complaint in favor of the appellant and assure that the parties can present, orally, written or electronically, the arguments that found
and motivate its pretensions, and formulate their allegations;
Through the application of the interested party the present law its promotions and briefs and given notifications can be received by any of the authorized means; and
The Institute will have access to reserved or confidential information when it is indispensable to resolve the petition and it has been offered in the proceedings. Said information must maintain that character and will not be available in the record.

When the Institute advises, during the substantiation of the petition, that a civil servant could have incurred responsibility for the violation of the rights consigned by the present Law, it must make that known to the competent authority, which will then carry out the corresponding investigation and, if applicable, initiate the procedure of responsibility, according to the current Legislation.

Article 81 - The resolutions must contain the following:

The place, date that it was pronounced, the name of the appellant, the Public Entity and a brief summary of the facts being questioned;
The founding precepts and the considerations that sustain them;
The scope and effect of the resolution, noting with precision, in such case, the agencies obliged to its fulfillment;
The indication of the existence of a probable person responsible and application of the beginning of the investigation in the matter of the responsibility of civil servants; and
The points of resolution, that can confirm, modify or revoke the resolution of the Public Entity.

Article 82 - The Institute in the examination, processing and resolution of the petition can:

Discard the petition as not able to proceed or desist it;
Confirm the record or resolution challenged; and
Revoke or modify the decisions of the Public Entity and ordain it that permits the individual access to the information solicited, that provides it in full, that reclassifies the information or good, that modifies such data.

The resolutions must always be responded to in writing, will establish the periods for its fulfillment and the procedures to assure its implementation.

If the agency that knows of the petition does not resolve it in the period established in this Law, it will be motive of responsibility.

Article 83 - The petition will be discarded as not able to proceed when:

It is presented after the period stipulated by the present Law has passed;
The Institute had previously and definitively resolved that matter;
It appeals a resolution that has not been issued by the Public Entity;
Some procedure by judgment before a competent authority promoted by the appellant against the same record or resolution is in process; and
It is interposed against a record or resolution with one protested, that has identity of parts, pretensions and records, with respect to another petition for revision.

Article 84 - The relinquishment proceeds, when:

The appellant expressly relinquish the petition for revision;
The appealing party dies or, or in the case of a company, is dissolved;
A clause of not able to proceed is updated under the terms of the present Law after the petition for revision admitted;
The Public Entity fulfills the requirement of the application, in which case it must have proof of the response notification to the applicant, leaving the Institute to inform the appellant of that which his right convenes, in order to declare; or
When the petition has no grounds.

Article 85 - Excepting evidence to the contrary, when the facts indicated within are directly accountable they will be presumed to be true by the lack of response to the petition within the respective period. In these cases the period to resolve the petition will be 20 days.

Article 86 - Appeals the petition for lack of response, the Institute will inform, the following day after receiving the request of the petition, to the Public Entity in order to allege that are convened within his/her rights, in a period of no greater than three days. Upon reception of the response, the Institute must issue its resolution in a period of no greater than ten days, of which must be in favor of the applicant, excepting that the Public Entity authentically proves that it responded or that it is exposed in a founded and motivated manner meeting the criteria of the Institute that deals with reserved or confidential information.

Article 87 - When the information solicited corresponds to the contributions or functions that the applicable laws award to the Public Entities, and these have declared the inexistence of the information, the Institute can ordain the Public Entity that generates the information, when it is possible. Likewise, it will notify the internal control agency of the Public Entity in order to initiate the corresponding proceedings of responsibility.

Article 88 - The resolutions issued by the Institute will be definitive, indisputable and obligatory for the Public Entities and individuals. The individuals can only challenge them before the competent jurisdictional authorities.

The resolution issued by the Institute must indicate the entity that the person can turn to in a disagreement, in defense of his rights.

The competent jurisdictional authority will have access to the Restricted Access Information. Once the resolution is passed the Institute must notify the parties within the next ten working days as of the approval.

When it is indispensable to resolve the matter and would have been offered in judgment. Said information must be maintained with that character and will not be available in the record.

Article 89 - Against the non-definitive agreements and resolutions pronounced in the substantiation of the petition for revision, the appellant can interpose the appeal of revocation, that will be substantiated under the terms established by the Internal Regulation of the Institute, and will be resolved by its Plenary.

The process of the petition will be subject to the following rules:

The appeal of the agreement or resolution will be initiated in writing which must express the offenses caused by the resolution, by judgment of the appellant, , its accompanying copy, and the evidence that is considered necessary to be rendered, said brief must be presented within the following three working days as of the effect of the notification;
The Institute, within the following three working days of the reception, will agree on the source of the petition, and the evidence offered, completely discarding that which is not suitable to discredit the facts on which the resolution was based; and
Examined evidence, if existent, the Institute will issue the resolution within the following five working days, notifying the interested party within a period of no greater the three working days.

The notice of appeal of revocation will suspend the periods stipulated in order to resolve the petition for revision.

Article 90 - The Public Entities must inform the Institute of the fulfillment of its resolutions, in a period of no greater than five working days, counted as of the notification of the resolution.

Article 91 - In the case of non-fulfillment of the resolution, the Institute will notify the hierarchical superior of the responsible Public Entities with the aim that they order the fulfillment in a period that cannot exceed ten days. If the non-fulfillment persists, the internal control agency will be notified for its immediate intervention and initiate the corresponding procedure of responsibility. Additionally the Institute can make this circumstance known to the public.

Article 92 - Cannot file any records without having met the corresponding resolution or the matter of the implementation would have been carried out.

FOURTH TITLE

CHAPTER I

RESPONSIBILITIES

Article 93 - Constitute infractions to the present Law:

The omission or irregularity in the publication or updating of the information;
The omission or irregularity in the attention to applications in the matter of access to information;
The omission or irregularity in the provision of the public information applied for or in the response to applicants;
The falsification, damage, removal, misplacement, alteration, denial, hiding or destruction of data, archives, records and other information possessed by the Public Entities;
The omission in the observance of the principles established in this Law in the matter of Access to the information;
The total or partial omission or non compliance in the fulfillment of the recommendations issued by the Institute;
The omission or extemporaneous presentation of the reports requested by the Institute under the terms of this Law;
To not provide the information whose surrender has been ordered by the Institute;
Declare the inexistence of information when it totally of partially exists in the archives of the Public Entity;
To intentionally deny information not classified as reserved or confidential according to this Law; and classify it falsely or in bad faith.
To submit information classified as reserved or confidential according to that stipulated by this Law;
To create, modify, destroy or transmit confidential information in contravention of the principles established in this Law;
Non-fulfillment of the resolutions issued by the Institute; and
The non-fulfillment of any of the resolutions of this Law.

The infractions referred to in this article or any other derived from the non-fulfillment of the obligations established in this Law, will be sanctioned under the terms of the Federal Law of Civil Servant Responsibilities, being independent of the civil or penal order that proceeds, and the procedures for the indemnity of the damages caused by the Public Entity.

Article 94 - The Institute will denounce any conduct stipulated in the previous article before the competent authorities and will provide the evidence that is considered to be pertinent. The internal control agencies will submit, half-yearly, a statistical report of administrative proceedings initiated based on non-fulfillment of this Law, and the results, to the Institute. This information will be included in the annual report of the Institute.

CHAPTER II

COMPTROLLER OF THE INSTITUTE

Article 95 - The Institute will have a Comptroller, in charge of controlling and safeguarding the handling and application of the resources of this agency, of which will instruct the proceedings, and in that case, will apply sanctions that proceed, under the terms of the Federal Law of Civil Servant Responsibilities.

Article 96 - The Comptroller of the Institute will have the following functions:

To formulate the Annual Program of Internal Audits;
Ordain the implementation and supervision of the Annual Program of Internal Audits;
Authorize the specific programs of the internal audits that they perform;
Issue consultative opinions on the project of the expenditures budget of the Institute and on the performance and the methods of control used;
Inspect and control the implementation of the expenditures of the Institute;
Apply and, in such case, promote the administrative and legal actions that they derive from the results of the audits before the corresponding entities;
Carry out the follow up of the recommendations, that as a result of the internal audits, they have formulated for the different areas of the Institute;
In the implementation of the internal audits, revise the implementation of the expenses was carried out according to the legal resolutions, rules and guidelines that regulate its implementation; that the countable and budgetary financial transactions are registered in a timely manner; the quality of the administrative controls to protect the patrimony of the Institute, evaluating the goals and objectives of the Institute from a pragmatic point of view and, in such case determine the deviations of them and determine the causes that originated them; and
Receive, investigate and resolve complaints and reports that are presented against the civil servants of the Institute, under the terms of the Federal Law of Civil Servant Responsibilities.

Article 97 - The public accounts of the Institute will be revised by the Revenue Accounting Office of the Legislative Assembly of the Federal District.

TRANSITORY ARTICLES

FIRST - This present Decree will come into effect sixty days after its publication in the Official Gazette of the Federal District.

SECOND - The Transparency and Access to Public Information Law of the Federal District, published in the Official Gazette of the Federal District the 8th of May, 2003, be revoked.

THIRD – Shall be published in the Official Gazette of the Federal District for its coming into effect, and in the Official Journal of the Federation for its greatest dissemination.

FOURTH – The current Citizen Commissioners of the Institute for Access to Public Information of the Federal District, referred to in article 66 of the present decree, will conclude the period for which they were elected. In order to adjust the number of members of the Plenary of the Institute to that stipulated in the previously indicated order, dated the twelfth of July of the year 2009, the number of its members will pass from six to five.

FIFTH - The processes and petitions that have been initiated previous to the present decree coming into effect and those that are found in process, will conclude their process according to the resolutions of the Transparency and Access to Public Information Law of the Federal District published in the Official Gazette of the Federal District the 8th of May, 2003.

SIXTH - The Legislative assembly must approve, in a period of no greater than 60 working days, as of the publication of the present decree, the respective legislation of personal information and public archives of the Federal District.

SEVENTH – In no case can the rules that affect the administrative or labor situation of the personnel that render their services in the Institute and in the Public Entities be applied retroactively.

EIGTH- The Head of Government will issue, in a period of sixty working days counted as of this present Law coming into effect, the Regulation of the Transparency and Access to Public Information Law of the Federal District.

Office of the Legislative Assembly of the Federal District, on the twenty sixth day of the month of February of the year two thousand eight. BY THE BOARD OF DIRECTORS.- DEP. JORGE FEDERICO SCHIAFFINO ISUNZA, PRESIDENT.- DEP. DANIEL SALAZAR NUÑEZ, SECRETARY.- DEP. MARGARITA MARÍA MARTÍNEZ FISHER, SECRETARY.- Signatures.

In fulfillment of that stipulated in article 122, Section C, Second Base, subsection II, parenthesis b), of the Political Constitution of the United Mexican States; 48, 49 and 67, subsection II of the Government Statutes of the Federal District, and for its due publication and observance issued the present Promulgatory Decree, in the Official Residence of the Head of Government of the Federal District, in the City of Mexico, on the seventh day of the month of March of two thousand eight.- THE HEAD OF GOVERNMENT OF THE FEDERAL DISTRICT, MARCELO LUIS EBRARD CASAUBON.- SIGNATURE.- THE SECRETARY OF GOVERNMENT, JOSÉ ÁNGEL ÁVILA PÉREZ.- SIGNATURE.- THE SECRETARY OF URBAN DEVELOPMENT AND HOUSING, J. ARTURO AISPURO CORONEL, ARCH.- THE SECRETARY OF ECONOMIC DEVELOPMENT, LAURA VELÁZQUEZ ALZÚA.- SIGNATURE.- THE SECRETARY OF THE ENVIRONMENT, MARTHA DELGADO PERALTA.- SIGNATURE.- THE SECRETARY OF WORKS AND SERVICES, JORGE AFGANIS DÍAS LEAL.- SIGNATURE.- THE SECRETARY OF SOCIAL DEVELOPMENT, MARTÍ BATRES GUADARRAMA.- SIGNATURE.- THE SECRETARY OF HEALTH, MANUEL MONDRAGÓN Y KALB.- SIGNATURE.- THE SECRETARY OF FINANCES.- MARIO MARTÍN DELGADO CARRILLO.- SIGNATURE.- THE SECRETARY OF TRANSPORTATION, ARMANDO QUINTERO MARTÍNEZ.- SIGNATURE.- THE SECRETARY OF PUBLIC SAFETY, JOEL ORTEGA CUEVAS.- FIRMA.- THE SECRETARY OF TURISM.- MARÍA ALEJANDRA BARRALES MAGDALENO.- FIRMA.- THE SECRETARY OF CULTURE, ELENA CEPEDA DE LEÓN.-. SIGNATURE.- THE SECRETARY OF CIVI L DEFENCE.- ELÍAS MIGUEL MORENO BRIZUELA.- SIGNATURE.- THE SECRETARY OF WORK AND PROMOTION OF EMPLOYMENT.- BENITO MIRÓN LINCE.- SIGNATURE.- THE SECRETARY OF EDUCATION.- AXEL DIDRIKSSON TAKAYANAGUI.- SIGNATURE.- THE SECRETARY OF RURAL DEVEOLPMENT AND EQUITY FOR THE COMMUNITIES.- MARÍA ROSA MÁRQUEZ CABRERA.-SIGNATURE.

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