However, the applicant filed an appeal for review with the INAI to express his disagreement with the FGR for classifying the information as confidential.
The Prosecutor’s Office – detailed the INAI – argued that privacy, honor, good name and presumption of innocence would be violated if the existence or non-existence of any inquiry, complaint, preliminary investigation or investigation folder against a person is affirmed or denied. identified or identifiable physical
“In no case could we imagine that the complaints we are talking about, according to what the interested party requested, could be a complaint that there was by an individual, for an eminently private event with a former president (…) in this case they are asking possible complaints and open files or folders due to events related to his mandate, with the exercise of his powers, “explained Acuña Llamas.
Acuña Llamas stated in the analysis of the case that the classification of information as confidential or reserved cannot be an absolute rule, since in some cases dissemination generates “greater benefits for society than the damage that could be caused by its disclosure.”