THE SUPREME COURT CONFIRMS INAI’S RESOLUTION ON ACCESS TO INFORMATION AND NATIONAL SECURITY.

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Mexico City, July 21st, 2021.

 

In July 2022, the Supreme Court of Justice («SCJN«) ruled on a national security suit filed by the Office of the Federal Executive and determined that the Financial Intelligence Unit («UIF«) of the Secretary of Finance and Public Credit («SCHP«) must  deliver a public version of the resolutions in which it determined to remove natural and legal persons from the list of persons blocked for the performance of acts, operations or services with credit institutions during the years 2014 to 2020.

The SCJN mentioned that the personal data of the blocked people and the third parties involved must be blacked out. The decision of the National Institute for Transparency, Access to Information and Protection of Personal Data («INAI») was therefore ratified.

The Office of the Federal Executive considered that the UIF could not provide such information as it endangered national security. The Office of the Federal Executive filed an appeal for the review of the decision, to prevent this information from being disclosed. The SCJN resolved that the disclosure of this information does not violate national security. Moreover, when publishing public versions, it must protect data subjects’ personal data and privacy by testing out the personal data.

Undoubtedly, it is an essential precedent regarding transparency and access to public resolutions and the personal data protection involved in those resolutions.

To access the SCJN press release click on the following link.

If you need further information, please let us know.

 

SINCERELY,

 

Adolfo Athié aathie@basham.com.mx

Renata Buerón rbueron@basham.com.mx

Erika Rodríguez erodriguez@basham.com.mx

Iván García igarcia@basham.com.mx