Opinion 51 | Guest Column

The opacity of COFEPRIS

COFEPRIS indiscriminately uses all possible means to limit access to information.

Since I have been a Commissioner of INAI, the Federal Commission for the Protection of Health Risks, COFEPRIS, has been an obligated subject that transgresses the General Law of Transparency and Access to Information, which governs over all government institutions and agencies, and which requires not only to upload quarterly its specific information (transparency obligations) in the National Transparency Platform (PNT), but to respond to specific requests within a maximum period of 20 working days; considering only a few exceptions, such as those containing personal data or national security.

So far this year alone, 694 appeals involving this agency have been referred to the Plenary of INAI and, in 62 cases, COFEPRIS has not responded to the request. In the session of October 19, my office presented 35 matters directed to this obligated subject that remains reluctant to respond to the requests of the population, or "pretending" to respond in such a way that it does not guarantee the right to information. In the case of the appeals resolved in my office and according to information from the Technical Secretariat of the Plenary, 61 appeals have been determined as non-compliant to be reported to the Internal Control Organ (OIC) and it will be the latter, which is under the administration of the Ministry of Public Function, which will attend and impose the corresponding provisions and sanctions in accordance with the law of administrative responsibilities.

Regarding national security, the General Law of Transparency and Access to Information, in its Article 113 paragraph I, describes the characteristics of the information that puts national security at risk, being all that which: "compromises national security, public safety or national defense and has a genuine purpose and a demonstrable effect". In addition to such reservations, under the protection of national security, there is also the excuse of the reservation for confidential information for including personal data, to which it is enough to remember that article 116 mentions: "Confidential information is considered to be that which has personal data concerning an identified or identifiable person".

In recent months, COFEPRIS has made use of this figure, which it uses indiscriminately to limit access to information and thereby oppose the decisions of the National Institute of Transparency, Access to Information and Protection of Personal Data(INAI), decisions that we must remember are binding, final and unassailable.

By not answering requests for information or by cataloging them as matters of national security, the citizens are directly harmed, thus opposing their right of access to information. Here it not only disregards the Constitution, which is already saying a lot, it also fails to heed the mandate of the General Law of Transparency and Access to Information, which in its Article 11 establishes: "all information generated by the obligated subjects shall be public, complete, timely and accessible; and that, in order to be considered as exceptional, say national security, the cause must be well defined and legitimate".

We must understand that institutions, officials and public servants have the obligation to provide and deliver information in an expeditious manner, following the established commitments and under the obligation established by law. Every citizen has the right to request information, especially when it can contribute in the area of medicines and sanitary permits that have a direct impact on the health of Mexicans.

*Commissioner of INAI