Monday, May 04, 2015
OFFICIAL GAZETTE
(Evening Version)
In the enforcement and interpretation of this Act shall prevail the principle of maximum disclosure, as provided
in the Constitution of the United Mexican States, in international treaties to which the Mexican State is a party,
as well as the binding resolutions and rulings issued by specialized national and international bodies, favoring at
all times the broadest protection for people.
In the case of interpretation, the criteria, findings and opinions of national and international organizations on
transparency may be taken into account.
Chapter II
General Principles
Section One
Guiding principles of the Guarantor Agencies
Article 8. Agencies guaranteeing the right of access to information shall govern their operation according to
the following principles:
I.
Certainty: Principle that provides security and legal certainty to individuals, since it allows knowing
if the actions of the Guarantor Agencies abide by law and ensures that the procedures are fully
verifiable, accurate and reliable;
II.
Effectiveness: Obligation of the Guarantor Agencies to effectively protect the right of access to
information;
III.
Impartiality: Quality that Guarantor Agencies should have regarding their actions to be alien or
foreign to the interests of the parties in dispute and resolve them without unduly favoring any of
them;
IV.
Independence: Quality that Guarantor Agencies should have to act without submitting to any
interest, authority or person whatsoever;
V.
Legality: Obligation of the Guarantor Agencies to adjust their actions, that ground their decisions
and actions in the rules;
VI.
Maximum Publicity: All information in possession of the regulated entities shall be public,
complete, timely and accessible, subject to a clear regime of exceptions that should be defined
besides being legitimate and strictly necessary in a democratic society;
VII.
Objectivity: Obligation of the Guarantor Agencies to adjust their performance to the budgets of law
to be applied when analyzing the specific case and solve all the facts, regardless of personal
considerations and criteria;
VIII.
Professionalism: Public Servants who work in Guarantor Agencies must hold its action to technical,
theoretical and methodological knowledge to ensure efficient and effective performance in the
exercise of public functions that are entrusted thereto, and
IX.
Transparency: Obligation of the Guarantor Agencies to publicize the discussions and actions
related to their powers and give access to the information they generate.
Section Two
Principles on Transparency and Access to Public Information
Article 9. In the exercise, processing and interpretation of this Act, those corresponding to the Federation, of
the States and other applicable regulations, the regulated entities, the Institute and the Guarantor Agencies must
abide by the principles outlined in this section.
Article 10. It is the obligation of the Guarantor Agencies to grant the necessary measures to ensure access
to information for all people on an equal basis with others.
Any discrimination that undermines or annuls the transparency or the access to public information held by
the regulated entities is prohibited.
Article 11. All information in possession of the regulated entities shall be public, complete, timely and
accessible, subject to a clear regime of exceptions that should be defined besides being legitimate and strictly
necessary in a democratic society.