New Mexican Data Protection Law: Strict Requirements and Severe Penalties.

Mondaq Business BriefingNbr. 2010, January 2010

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New Mexican Data Protection Law: Strict Requirements and Severe Penalties.

Mexico's Department of the Interior has announced that the country's new Federal Law for Protection of Personal Data held by Private Persons (Ley Federal de Proteccin de Datos Personales en Posesin de los Particulares, "LFPDP" or the "Act")1 came into effect on July 6, 2010. The Mexican Senate unanimously voted to pass the Act, which was nearly 10 years in the making. The Act aims to protect personal data relating to Mexican citizens held by individuals and private entities.2 The Act's intent is to enforce "controlled and informed" processing of personal data in order to ensure that Mexican citizens, referred to as "data subjects", possess "privacy and right to self-determination." Data subjects ultimately decide how their personal data will be used, i.e., it must be used solely for the purpose for which it was provided and according to the terms outlined in the privacy notice. Companies handling information about Mexican citizens will be forced to comply with specific obligations in the processing of personal data or suffer severe penalties. The Act requires companies to inform dat...

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