Abstract

LIMA ESTRADA, Eduardo. Challenges of the inclusion of applicant’s name in the request of access to public information and dispute procedure under the Mexican General Act on Transparency and Public Information Access. Estud. derecho inf. [online]. 2020, n.10, pp.81-102.  Epub Oct 28, 2024. ISSN 2594-0082.  https://doi.org/10.22201/iij.25940082e.2020.10.14661.

In accordance with the Mexican Political Constitution, every person, without the need to accredit any interest or justify its use, will have free access to public information. In this sense, laws that regulate this right established several requirements for its compliance, such as filing the form to access to public information to dispute procedures. The name of the applicant is among these requirements, which plays a double role since allows its identification and represents a personal data on itself. Although its use is optional, it is appropriate to point out the following questions: What were the reasons to include it in the first place?; What problems does it generate?; considering that it is optional, in addition to personal data protection mandates, should we still include it or, if appropriate, can we dispense with it? In order to know the answers, it’s important to approach to the reasons that included the name of the applicant as a requirement in legal framework, its evolution and current status, as well as the challenges that its inclusion represents to the right to access to public information, to lastly point at the justification of its existence or, if applicable, its elimination.

Keywords : Name; access to public information; personal data protection principles; requirement; contrived.

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