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Precedents · Commented

For referenceAmparo and constitutional

Searching for records is the authority's duty, not a service it can bill

Right of access to information. A provision charging for document searches violates the principle of free access that governs it.

Official heading (Spanish): DERECHO DE ACCESO A LA INFORMACIÓN. LA NORMA QUE PREVÉ EL COBRO POR LA BÚSQUEDA DE DOCUMENTOS VIOLA EL PRINCIPIO DE GRATUIDAD QUE LO RIGE.

The ruling

The National Human Rights Commission challenged the Tax Code of the Municipality of Tlapacoyan, Veracruz, which charged for each year searched when the requester did not provide exact details of a document. The SCJN held that charging for document searches violates the free-access principle, because searching is part of the authority's legal duty and not an additional service.

Our take

The consequence is direct: the requester does not have to pay for a disorganized archive or for not knowing the exact file number. For companies rebuilding records such as old permits, land-use authorizations or inspection reports, this is a useful tool. The precedent adds to other rulings by the Court that had already questioned these fees on tax proportionality grounds. Our caveat: the ruling removes the charge, not the burden of describing clearly what is requested. A vague request yields vague answers or extensions. Precision and free access go together.

What to do

  • Refuse search fees on information requests, citing this precedent.
  • Describe the requested document with dates, departments and references to get a useful answer.
  • Keep the filing receipt and the response to challenge any later charge.

Details

Court
SCJN Plenary
Type
Binding precedent (jurisprudencia)
Identifier
P./J. 110/2026 (12a.)
Digital registry
2032195
Published
May 29, 2026
Area
Amparo and constitutional
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Prepared by Artegia for information only; not legal advice. Headings in English are unofficial translations. The official text is the one published in the Semanario Judicial de la Federación or the TFJA journal.