Mexico City August 24, 2023.
After more than 140 days in which the Plenary of the National Institute of Transparency, Access to Information and Protection of Personal Data («INAI») was unable to meet and resolve due to the absence of three Commissioners, and the thousands of appeals for review among other resolutions that were pending before such Institute, the Second Chamber of the Supreme Court of Justice of the Nation resolved yesterday the “Appeal for review” 229/2023 CA and by majority vote granted a suspension to INAI so that it may meet with the Commissioners that currently make up the Plenary (four Commissioners) and take decisions until the merits of the Constitutional Controversy are decided and the missing Commissioners are appointed.
This undoubtedly sets a great precedent in the legal life of our country, demonstrating the effectiveness of the system of checks and balances. In this sense, the Supreme Court of Justice corrected the omission of the Senate in order to make INAI operative and thus amend the non-compliances generated by other powers to give constitutional normality to the acts and omissions of the authorities within a rule of law. The above demonstrates once again the effectiveness of the constitutional control exercised by the Judiciary against the other two powers, exercising full independence of the autonomous bodies and ensuring the guarantee of human rights, including the right of access to information and the protection of personal data.
SINCERELY,
Adolfo Athié Cervantes
Renata Buerón Valenzuela
Erika Rodríguez Kushelevich
Iván García Argueta
