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Our Public information Office could be another way to present your information request;
What is the minimum information you have to write down in your request? Name of the Institution or Political Organization (Obliged entity) to whom it is written Brief and clear description of the information required Address or another way to get the information or notifications Modality in which you want to get the information:
1. Simple copies 2. Certified copies 3. Electronic address 4. Direct consultation that you can realize in time and schedule established by the Public Information Office of the institution or the organization. In how many days do they have to answer a request? If the request is about public information that the institution or the organization is obliged to have in its web site, the answer has to be delivered in a period of time not more than 5 working days. This information is called “de oficio”, in Spanish. If the request is about more specific information that does not have to be published in the web site, the answer will be delivered in 10 working days.
What happens if the request is neither clear nor precise?
The Public Information Office will contact the person that submitted the request so he or she can be more specific or clear. This notification has to be done in a time no major than 5 working days, after receiving the request. The notification will have to be delivered by the way it has to be requested (address, e-mail or INFOMEX system). The person that submitted the request also has 5 working days to correct, complete or clear the request. If that is not done during this period of time, the request will be classified as not submitted. How can you get the answer to your request?
By INFOMEX In the address, personally or by postal service, or delivery. In The Public Information Office or organization in which you present the information request. Directly in the archives of the institution in case the answer had been signalled as direct consultation.
How do you know if the request was rejected?
The person that is requiring the information will be notified in the way he or she had chosen to get notifications, in a period of time no longer than 10 working days. What to do if the person that is requiring the information does not receive it or is not satisfied with the answer? The law establishes that you can present a review resource to the INFODF; it means that you have a legal procedure to make value the information access right. This resource will be discussed and solved by the plenary members within a maximum of 40 days. The Plenary can order the consulted Public Entity to respond to the request and hand over the requested information. You have 15 days to file a lawsuit from the time your right to sue begins. The attorneys and employees of the INFODF have the obligation to give you legal advice. If you continue unsatisfied and believe the INFODF has not handled your request properly, you have the right to seek judicial review. You may go to a district court in administrative matters (Federal instance that depends on the National Judicial power) to present a legal procedure called Juicio de Amparo in Spanish, which resolution is mandatory to the INFODF and to the complainant. |