News

5 years since the Federal Law on Protection of Personal Data is held by Private Parties

The Federal Law on Protection of Personal Data held by Private Parties (the LFPDPPP) was published on July 5, 2010 and was derived from the Constitution amendment to second paragraph of article 16, in which, it was stablished the right of all people to enjoy protection on his personal data, and to access, correct and cancel such data, as well as, to oppose disclosure of his data, according to terms stablished for it.

Thus, with the entry into force of the LFPDPPP, private parties (natural or legal persons) who/which handle personal data, are obliged to a minimal number of rules, requirements, conditions and obligations to ensure the appropriate use and protection of personal data, and as consequence of it, the rights of the personal data’s owners, to know and decide about the use and disclosure of such information, are also recognized.

It is important to mention that obliged parties in the LFPDPPP, are merely private persons (natural or legal), due to public persons (natural or legal) who/which handle personal data, are regulated by General Law of Transparency and Access to Public Government Information.

Rapid developments in technology and its potential to accumulate and process information, was and is still the main reason to regulate about personal data protection; since the protection provided by the right of privacy had become insufficient. Regarding this, Mexico has shown to be at the forefront on this matter.

However, after 5 years from publication of the LFPDPPP, the authority, the right’s defenders and the community as a whole, still have an arduous task to diffuse and create interest in the public (data owners and obliged parties), about importance and personal data care, which must be considered as a fundamental human right. Besides, there are in Mexico everything needed to diffuse such protection and observance, having a strong Law and its Regulation, as well as and Institute with autonomy and faculties to resolve and enforce its resolutions, which is the National Institute for Access to Information and data Protection (INAI).

Carmen Sánchez-Puelles