This right not only facilitates access to crucial information for their work but also contributes to oversight.
The right to access information, recognized in Mexico, is a fundamental principle that allows citizens to request, receive, and disseminate public information. This right, also known as the 'right to know,' is essential for transparency and accountability, enabling individuals to be aware of and utilize the information generated or held by the government and public institutions.
According to the National Institute for Transparency, Access to Information, and Personal Data Protection (INAI), this right is a cornerstone of democracy and a powerful tool for citizens. But is it important for accountants and lawyers?
For professionals such as lawyers and accountants, this right not only facilitates access to crucial information for their work but also contributes to the oversight and improvement of public management.
Utility of the Right to Know
Access to information serves to oversee how authorities act, understand how public resources are spent, and learn about social programs or public policies. This information is crucial for addressing everyday issues, such as lack of street lighting or problems with potable water supply. Additionally, it enables citizens to hold their leaders accountable and actively participate in public life.
Procedures to Obtain Public Information
To exercise this right, there are several ways:
- Direct Request: Go to the public institution that holds the information.
- National Transparency Platform (PNT): An online tool that facilitates the submission of requests at a national level.
- INAI's Citizen Attention Center (CAS): Provides guidance and personalized assistance for making requests.
Obligated Subjects
Mexican transparency laws define "obligated subjects" as all public entities, including the Executive, Legislative, and Judicial branches, autonomous bodies, political parties, trusts, and any individual or organization that receives and manages public resources.
These entities are required to provide information about their activities and the performance of their public officials.
Importance for Lawyers and Accountants
For lawyers and accountants, the right to access information is a crucial tool. Lawyers can use this right to obtain documents and data necessary to prepare legal cases, build arguments, and ensure that their clients receive fair treatment in judicial processes.
Public information may include records of government contracts, background on public policies, or audit reports—all essential for a robust defense or argument.
Accountants, on the other hand, can use public information to verify the accuracy of financial reports, audit the use of public resources, and ensure transparency in the financial management of entities receiving government funds. This is especially relevant for auditors and accountants working with entities that must account to the government or the public. Additionally, access to information allows accountants to detect irregularities and ensure compliance with fiscal and accounting regulations.
What to Do if Information is Denied
If an institution denies access to information, citizens, including lawyers and accountants, can file a "review request" with the INAI. This body will review the case and, if necessary, order the release of the requested information, provided it is not classified or related to national security.
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