Data protection and privacy—Mexico—Q&A guide

The following Information Law practice note provides comprehensive and up to date legal information covering:

  • Data protection and privacy—Mexico—Q&A guide
  • 1. Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection?
  • 2. Which authority is responsible for overseeing the data protection law? Describe the investigative powers of the authority.
  • 3. Are there legal obligations on the data protection authority to cooperate with other data protection authorities, or is there a mechanism to resolve different approaches?
  • 4. Can breaches of data protection law lead to administrative sanctions or orders, or criminal penalties? How would such breaches be handled?
  • 5. Does the data protection law cover all sectors and types of organisation or are some areas of activity outside its scope?
  • 6. Does the data protection law cover interception of communications, electronic marketing or monitoring and surveillance of individuals? If not, list other relevant laws in this regard.
  • 7. Identify any further laws or regulations that provide specific data protection rules for related areas.
  • 8. What forms of PII are covered by the law?
  • 9. Is the reach of the law limited to PII owners and processors of PII established or operating in the jurisdiction?
  • More...

Data protection and privacy—Mexico—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to data protection and privacy in Mexico published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2020).

Authors: OLIVARES—Abraham Diaz; Gustavo A. Alcocer

1. Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection?

The legal framework for PII protection is found in article 6 of the Mexican Constitution; and in the Federal Law for the Protection of Personal Information Held by Private Entities, published in July 2010, its Regulations, published in December 2011, the Privacy Notice Rules, published in January 2013, the Binding Self-Regulation Parameters, also published in January 2013 and May 2014, and the General Law for the Protection of Personal Data Held by Public Governmental Entities, published in January 2017. Mexican PII protection law is not based exclusively on an international instrument on data protection, but instead follows international correlative laws, directives and statutes, and thus has similar principles, regulation scope and provisions.

The Federal Law for the Protection of Personal Data (the Law) regulates the collection, storage, use and transfer of PII and protects individual data subjects’ (individuals) rights. It is a federal law of

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