Mexico City Law Doubles Data Reservation Period to 10 Years

Mexico City's new Transparency Law has doubled the maximum duration for which information can be kept confidential, extending it to five years from the date of classification. This period can be further extended by an additional five years under exceptional circumstances, with the approval of a Transparency Committee and justification through a "damage test" to prove that the reasons for classification still exist. This effectively allows information to be reserved for up to 10 years.

The previous Transparency Law permitted information to be classified for three years, with a possible extension of up to two additional years, totaling five years. The new decree, approved by the Congress of Mexico City, will be published in the Official Gazette. It specifies that for information whose disclosure could jeopardize critical infrastructure, the Transparency Committee must request an extension from the relevant guaranteeing authority with at least three months' notice before the original period expires.

Under the new law, each autonomous constitutional body, including the Judicial Power, the local Congress, and the Attorney General's Office, will have its own guaranteeing authority for transparency. The legislation also outlines the process for creating a new decentralized transparency body that will replace the current Info CDMX. However, the approved transitional articles do not provide a clear timeline for the operational launch of this new entity.

Once established, the new body will be attached to the Secretariat of the Comptroller's Office. The Info CDMX will have a maximum of 180 business days to transfer its movable assets, material resources, records, databases, archives, and other information under its custody to the new entity. The specifics regarding the appointment of the head of the new transparency body and the exact date of its commencement remain unstated.