Is Privacy Protected in Mexico?

The Federal Law on the Protection of Personal Data Held by Private Parties (FDPL) is Mexico’s primary legislation governing the collection, processing, and storage of personal data by private entities. It establishes key principles and requirements for companies handling personal information and aims to protect individuals’ privacy rights.

Here are the key points of the FDPL:

Scope: It applies to any private entity handling personal data within Mexico, regardless of the nationality of the individuals or where the data is stored.

Principles:

Consent: Explicit consent from data subjects is required for processing most personal data.

Purpose Limitation: Data can only be collected and used for specific, defined purposes.

Data Quality: Data must be accurate, relevant, and kept up-to-date.

Security: Companies must implement appropriate security measures to protect personal data.

Transparency: Individuals have the right to access, rectify, cancel, and oppose the processing of their personal data.

Obligations for companies:

Privacy Notice: Companies must publish a privacy notice informing individuals about their data practices.

Data Security Measures: Implement appropriate security measures to protect personal data from unauthorized access, disclosure, loss, alteration, or destruction.

Data Subject Rights: Respect individuals’ rights to access, rectify, cancel, and oppose the processing of their personal data.

Data Transfer Restrictions: Transfers of personal data outside of Mexico are subject to certain restrictions.

Enforcement: The Mexican Institute for Transparency, Access to Information and Personal Data Protection (INAI) is responsible for enforcing the FDPL. Violations can result in fines and other penalties.

The FDPL plays a crucial role in protecting individuals’ privacy rights and ensuring responsible data handling by private entities in Mexico. Companies operating in Mexico should ensure they comply with the FDPL’s requirements.

Note: We are not lawyers. This is just a brief summary of the FDPL. For a more comprehensive understanding, it is recommended to consult the full text of the law and seek legal guidance.

Sources:

DOF (Official Journal of the Federation): This is the official source for all Mexican laws and regulations, including the FDPL. You can access the full text of the FDPL in Spanish here: https://www.dof.gob.mx/nota_detalle.php?codigo=5520378&fecha=23/04/2018

International Bar Association (IBA) Library: The IBA Library provides a summary of the FDPL in English: 
https://www.dataguidance.com/legal-research/regulations-federal-law-protection-persona