New authority established for personal data protection in Mexico

On 28 Nov. 2024, the Mexican Senate approved the constitutional reform known as "organic simplification," which dissolves seven autonomous constitutional bodies, including the National Institute of Transparency, Access to Information and Protection of Personal Data. The INAI has played a key role in ensuring government transparency and personal data protection.

The constitutional reform was published in the Official Gazette of the Federation 20 Dec. 2024. It transfers responsibilities regarding access to information, transparency and personal data protection to a body within the federal public administration, which will assume responsibility for protecting personal data held by private and public entities.

In this regard, on 20 Feb., President Claudia Sheinbaum submitted to the Senate a bill titled "Decree for issuing the General Law on Transparency and Access to Public Information, the General Law on the Protection of Personal Data Held by Obligated Parties, and the Federal Law on the Protection of Personal Data Held by Private Parties, as well as amending various provisions of the Organic Law of the Federal Public Administration."

The proposed Federal Law on the Protection of Personal Data Held by Private Parties is essentially the same as the 2010 law by the same name, which is still in force. Principles, rights, procedures and sanctions, in general, remain unchanged except for certain specifications.