Paulina Gutiérrez, 27, has been trying for eight months to collect the life insurance that her father paid to the bank for several years and she still hasn’t succeeded, because she still hasn’t delivered all the documents requested. She can get many of them only she can get through requests for information.
His father worked at Pemex and died last September at the age of 68 from myelodysplastic syndrome, a type of bone marrow cancer. In addition to the painful loss of her, Paulina has had to deal with a long bureaucratic path.
The bank requested his father’s medical records. However, at the Pemex Hospital they did not deliver it because “at the time the person dies in the hospital, they are discharged and the system closes everything that has to do with that patient,” they explained.
For this reason, he requested the history through the National Transparency Platform and obtained the document until December, but now the bank also asked him for documentation on “since when did he have diabetes, why a medication mentioned in the history was suspended, and they want the biopsy that determined what disease my dad had and the dates.”
She repeated the process and made the request for information, which is still being processed, and she hopes that the Pemex Hospital will deliver the documentation to her the first time because, if they deny it, she would have to file a complaint, that is, process an appeal for review before the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI).
However, the INAI has not been able to meet for 55 days —from April 1 to this Thursday— and it is there, in its plenary sessions, where the commissioners address all the cases of non-conformity filed by citizens who consider that some institution or body did not provide them with the information they requested.
To meet, at least five of the seven commissioners need to be present to achieve a quorum, but at this moment there are only four active: the president commissioner, Blanca Lilia Ibarra, and the commissioners Josefina Román and Norma Julieta del Río and the commissioner Adrián Alcalá .
This, because the Senate took more than a year to make the appointment for two vacant seats after the conclusion of the term of two commissioners in March 2022. When the senators finally made the appointments, President Andrés Manuel López Obrador he vetoed them and to this is added that another commissioner concluded his term in March of this year.
The appointment of these three commissioners is essential so that INAI can hold sessions and discuss citizen complaints, which are the bulk of issues that are resolved.
In the 55 days of paralysis, the INAI has not been able to set up plenary sessions in which 4,498 review appeals had to be resolved, which have already been analyzed and only need a vote to agree with the citizens or the institutions. In other words, there are more than 4,000 citizens waiting for their information and who are directly affected by the delay.
One of these cases has to do with a request made by a person for the IMSS clinical file of her deceased father, but who did not have the same luck as Paulina in that the institution gave her the information on the first try.
At first, it seemed that everything was going well. The IMSS responded that it would deliver the information on compact discs and simple copies, which the person paid for and collected.
However, upon reviewing, he realized that the information was incomplete: they did not give him the tomography and ultrasounds that were supposedly on the CD. There were missing pages, another CD was damaged and could not be read, there were illegible or torn pages.
Therefore, the person filed an appeal for review before the INAI and the case has already been analyzed and is ready to be voted on, but due to a lack of quorum, the citizen must continue waiting, despite the fact that at least five months have been processed with this application.
In fact, when it comes to requests for personal data, the reasons for non-compliance stem from incomplete delivery of information, misinformation or lack of precision, and this means that citizens take more months to get what they want.
Mostly, these are issues related to names of employers, registration and termination dates, daily contribution wages, salary movements, total weeks contributed, work address and employer registration, as well as pink sheets, work history, payment cards , service sheets, certification of rights and social security numbers.
There are even cases that would seem easy to resolve in the first request, without the need to resort to review or complaint, such as what happened to a person who asked the Ministry of Welfare “why support for older adults was not delivered on January 14, 2023”.
The agency responded that in its files it has the record of “a payment order for the two-month period January-February 2023, which was paid by Banco del Bienestar staff on January 14, 2023 to a person in their capacity as ‘ auxiliary adult person’”.
The person was dissatisfied and filed an appeal for review, because “the information is incomplete, since the proof of payment generated was not provided, therefore such reference is not supported,” he explained.
Another person asked ISSSTE to transmit the death certificate of her husband, from the Durango Delegation, and when they responded, they asked her to pay 22 pesos for the copies. The applicant paid but they did not deliver her information without giving her any explanation, so she filed a review appeal that is also waiting to be voted on.
Among INAI’s obligations is also to guarantee the exercise of ARCOP rights, which are basically the right of people to access their personal data, rectify it, request its cancellation or oppose its treatment.
An example of this is what a person requested before the Ministry of Public Education (SEP). He requested the rectification of his personal data in the database of his high school, so that his certificate is accessible in the Educational Information and Management System (SIGED), because upon entering, he realized that his folio cannot be verified .
The SEP responded through the General Directorate of Educational Planning, Programming and Statistics (DGPPEE), which stated that it carried out an exhaustive search with the page that the person provided, but told it that it had not located any document. That is why the applicant filed an appeal for review.
Another case is that of a person who asked the Ministry of Foreign Affairs (SRE) for a certified copy of his birth certificate legalized by the Mexican consulate in New Delhi, India, and a copy of his Bangladesh Nationality Renunciation Letter, same that he delivered in his naturalization process before the Foreign Ministry.
The General Directorate of Legal Affairs of the SRE told him that to obtain this procedure he had to go to its facilities or request it by email or telephone number of the secretariat, presenting a request for the issuance of certified copies, valid identification, if applicable, prove interest and make the payment of the corresponding rights.
Dissatisfied, the applicant filed an appeal for review, through which he “stated as a grievance that the secretariat sent him an electronic link to the application form for a certified copy of the naturalization letter or certificate or declaration of nationality by birth; however, said documents were not the ones he requested ”.
Source: from Noroeste Nacional on 2023-05-25 13:25:36