The INAI as a certification authority for electronic signatures (FELINAI)

In the context of the agreement ACT-PUB-30/09/2020.06 by virtue of which it was approved that the National Institute of Transparency, Access to Information and Protection of Personal Data (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales) (INAI), an autonomous constitutional agency responsible for guaranteeing compliance with the right of access to public information and the protection of personal data in possession of the obligated subjects, be acknowledged as a certification authority to be able to issue, manage and register the digital electronic certificates of the Electronic Signature called FELINAI, on October 12, 2020 the following agreements were published in the Official Federal Gazette:

a) Agreement by which the constitution of INAI as a Certification Authority for the Electronic Signature is approved.

The FELINAI, which will be governed by the guiding principles of authenticity, functional equivalence, integrity, technological neutrality, confidentiality and non-repudiation, will serve for the electronic subscription of documents, as well as for the substantiation of the procedures provided for in the General Laws on Access to Information and Protection of Personal Data in the Possession of Obligated Subjects, Federal Laws on Access to Information and Protection of Data in the Possession of Individuals; procedures, requiring services, as well as the technological tools used for this purpose puruant to the applicable regulations.

b) Agreement by which the certification policies and the declaration of good certification practices of INAI as a certification authority are approved.

The above considering that the authority has stated that it is essential for it to follow the best international practices in its constitution as a certification authority, to give certainty and security to those who will operate the digital certificates of the FELINAI, as well as to the holders of the certificates of the FELINAI issued by INAI considering, among other things, that the electronic certificates issued by the authority will obtain the value of full proof on the electronic documents signed with the FELINAI, which ensures the authenticity, integrity, non-repudiation and confidentiality of the same; thus having the same value as an autograph signature.

c)Agreement by which the Guidelines for the registration, issue and use of the Electronic Signature of the INAI are approved.

These guidelines set forth the conformation, functions, process for requesting and obtaining a digital certificate and who will be designated for the registration and issuance of the certificates, as well as the rights and obligations of those who use the FELINAI in electronic systems.

In terms of the relevant guidelines, the implementation of the FELINAI will be carried out according to the following stages: A first stage which will include the delivery of certificates to personnel from the INAI. A second stage which will involve the delivery of FELINAI certificates to public servants of obligated subjects of the Federation and finally a third stage which will involve the issuance of FELINAI certificates to individuals (citizens), so that they can file complaints, exercise their ARCOP rights, as well as for the presentation and substantiation of applications for the protection of rights in the electronic system PRODATOS (system created through publication in the Official Federal Gazette on April 23, 2018 to file applications for the protection of rights and of complaints, as well as the substantiation of the procedures foreseen in the Federal Law of Protection of Personal Data in Possession of the Individuals).

Should you have any questions or require advice in relation to the above, please do not hesitate to contact any of our partners or associates.

Yours sincerely,

Cannizzo, Ortiz y Asociados, S.C.