Lotenal must disclose documentation related to the draw for the presidential plane

The National Lottery for Public Assistance (Lotenal) must disclose the analysis carried out by the Institute to Return the Stolen to the People (INDEP) in order to identify the 2 billion pesos used to pay for the winning tickets of the Great Special Draw 235, alluding to the Presidential Plane, instructed the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI).

In this framework, you must report on the Collaboration Agreement signed between the National Lottery and INDEP, held on March 12, 2020, the actions that were carried out, the discounts that were made for Lotenal’s operating expenses for the Grand Draw 235; the remnants, the transfer of these and their yields, the rescission or termination of this Collaboration Agreement, as well as its annexes and addendums.

Likewise, it must disclose all communications via email between Lotenal, INDEP and the Ministry of Finance and Public Credit (SHCP), related to the Great Special Draw 235; as well as the Bases of Collaboration.

“What is being asked for is absolutely possible, because there must be a collaboration agreement, a list of documents that identify where that money went and that, in addition, explain how those transfers of money took place,” said the Commissioner. Francisco Javier Acuña Llamas when presenting the matter before the Plenary.

To locate the information, Lotenal required clarification of the petition. Dissatisfied with this response, the applicant filed a review appeal with the INAI.

“There was a tactic, which is: clarify yourself, as it is, the question is not understood or it is not enough to find precisely what is claimed. A very skilful way out for the obligated subjects, since the clarification saves time”, explained the INAI Commissioner.

When analyzing the case, the presentation by Commissioner Francisco Javier Acuña Llamas warned that Lotenal did not comply with the procedure for dealing with requests for access to information provided for in the Law on the matter, since it only required clarification of the request, without activating the search procedure.

In addition, the presentation determined that the criterion used by the obligated subject was restrictive, since it did not give the request an interpretation that triggered the procedure for its attention to the requirement on the Grand Special Draw 235 alluding to the Presidential Plane.

“This topic continues to arouse a lot of civic curiosity, because it concerns everyone, it is a spectacular topic, in the world it was known that the Presidential Plane of Mexico had been raffled and it is not necessary for all Mexicans to know how much was obtained for the benefit of the cause what was said,” he concluded.

Due to the foregoing, the Plenary of the INAI revoked the response of the National Lottery and instructed it to process the request for access to the information raised by the appellant today, turning it over to the competent administrative units, which must issue and deliver to the In particular, the answer that according to Law corresponds.

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