On March 20, Mexico’s new Federal Law on the Protection of Personal Data Held by Private Parties (FLPPD) was published. This law took effect on March 21 and contains important changes in terms of privacy.
First, the law eliminates the National Institute for Transparency, Access to Information and Personal Data Protection, the responsibilities of which will be assumed by the Anti-Corruption and Good Government Ministry.
Another significant change is the new definition of personal data. While this concept continues to refer to “information concerning an identified or identifiable person,” the law no longer establishes that such information must belong to a natural person. Similarly, the definition of owner of personal data removes the requirement of being a natural person to be entitled to all the rights enshrined in the Constitution and in this law regarding personal data.
This opens the possibility for legal entities to assert the rights of access, rectification, cancellation, and objection and for the person responsible for the processing of personal data to be sanctioned for failure to comply with their obligations to companies, such as providing them with a privacy notice, or obtaining their consent to process their information when required by law, among others.
Notwithstanding the above, it is possible that these concepts will be clarified later in regulations, which are pending harmonization with the new law. These must be published within 90 calendar days of the...
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