The Constitution protects the right to privacy, which traditionally includes the inviolability of the domicile and correspondence. One's person, family, home, papers or possessions may not be molested, except by virtue of a written order by a proper authority, based on and motivated by legal proceedings. In all search warrants, that only the judicial authority will be able to produce, it must be written expressly the place to be inspected, the person or people to be arrested and the objects searched for, so as to limit to the stated issues the proceedings, and in concluding them, a detailed record must be written in the presence of two witnesses proposed by the occupant of the place that was inspected or in their absence or refusal, by the authority that practiced the proceedings. Private communications are inviolable. The Law will provide a criminal sanction to any act that attempts against the freedom and privacy of private communications.
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The Constitution protects the right to privacy, which traditionally includes the inviolability of the domicile and correspondence. One's person, family, home, papers or possessions may not be molested, except by virtue of a written order by a proper authority, based on and motivated by legal proceedings. In all search warrants, that only the judicial authority will be able to produce, it must be written expressly the place to be inspected, the person or people to be arrested and the objects searched for, so as to limit to the stated issues the proceedings, and in concluding them, a detailed record must be written in the presence of two witnesses proposed by the occupant of the place that was inspected or in their absence or refusal, by the authority that practiced the proceedings.
Private communications are inviolable. The Law will provide a criminal sanction to any act that attempts against the freedom and privacy of private communications. The competent authority, in written, will have to find and motivate the legal causes of the request, and also the kind, the subjects, and the duration of the intervention.
The authorized interceptions will adjust to the requirements and limits anticipated in the law. The results of the interventions that do not fulfil these requirements will lack all value as evidence. The administrative authority may make home visits only to certify compliance with sanitary and police rules; the presentation of books and papers indispensable to verify compliance with the fiscal laws may be required according to the respective laws and formalities prescribed for their inspection.
Correspondence will be free from all inspection, and its violation will be punishable by law. Currently, two proposals for Constitutional amendment have been proposed. The first, presented before the Senate, adds several paragraphs to article 16 of the Federal Constitution, expressly acknowledging the right to personal data protection as a fundamental right. The second proposal was introduced in March The bill modifies article 73 of the Constitution in order to grant to Congress the power to legislate on personal data protection held by private entities.
There are 34 federal laws that deal with privacy issues and personal data protection in Mexico. The Federal Law of Transparency and Access to the Government Public Information LFTAIPG  standardized the principles under which the diverse organs of the State must process citizens' personal data, including especially the safeguard of the consent and purpose specification principles, and the guarantee of the rights of access and correction.
However, the law lacks sufficient protections to provide greater levels of security for the processing of private data; better and suitable law enforcement mechanisms and authorities are needed.
There is not yet a comprehensive data protection law in Mexico. Provisions in the Federal Consumer Protection Law, however, place restrictions on direct marketing and credit reporting agencies. The first Mexican E-Commerce law took effect on May 29, It covers consumer protection, privacy, digital signatures and electronic documents.
The decree includes an article in the Federal Consumer Protection Law giving authority to the government "to provide for the effective protection of the consumer in electronic transactions or concluded by any other means, and the adequate use of the data he provides " Article 1.
VIII ; and to coordinate the use of the Code of Ethics by providers, including the principles of this law. The decree also created a new chapter in the FCPL entitled: "Rights of Consumers in electronic transactions carried out through electronic or optical means or through any other technology. This right includes free access to that data and the right to correct it, including the right to know who are the third party companies that know the customer's personal data Article They shall not disclose it or transmit it to third parties except with the consumer's express written authorization opt-in or by petition of a judicial authority Section I, Article 76 bis.
People are entitled to have their data rectified when incomplete, inaccurate or obsolete, and have the right to complain before administrative and judicial authorities when the principle of confidentiality has been breached. It shall not be used as evidence before any administrative or fiscal authority. The aim is ultimately to issue the citizen's identity card, which will be the official document of identification, fully endorsing the data contained in it concerning the holder.
That identification has the particularity of conferring a unique code for each citizen with which one can have direct access to multiple personal data. A unique code increases the risk of file interconnection. All documents and information provided by citizens to the Federal Electoral Registry shall be held strictly confidential and shall not be communicated or disclosed, except when the Federal Electoral Institute is a party in legal trials, remedies or proceedings and acts to comply with its legal obligations or upon the petition of a competent judge.
The proposals include general data protection principles, the rights of data subjects, the obligations of data controllers and data users, and the supervisory authority. International transfer of personal information is prohibited to countries without adequate level of protection. However, as of June , no agreement has been reached on any of the initiatives among stakeholders and the different parliamentary groups of the Mexican Congress, and the outcome of such initiatives remains to be seen during the works of the Legislature of the Mexican Congress.
In April , Commissioners of the Federal Institute of Access to Public Information unanimously approved the creation of a working group to develop a data protection bill. Besides IFAI, there are multiple organs for the protection of data, belonging to different branches of the State, related to the right of access to public information. As it is now conceived, IFAI has no authority when the personal data is in the hands of private people or entities, even those destined to provide information.
There are many other offices as well. IFAI has issued a data protection guideline, as well as security recommendations for the protection of personal data held in databases of the Federal Executive Branch.
The aim is for public agencies to comply with internationally data protection standards. The information transmitted through networks and telecommunication services shall be kept confidential except for the information that by its own nature is considered public or where there is an order from a competent authority Article 49 of the Federal Telecommunications Law Ley Federal de Telecomunicaciones.
In , the Penal Code was amended to include the interception of telephone calls by third parties. There are penalties for disclosing by any means, including personal mail, any secret or confidential communication known or received by virtue of employment, occupation or position, and the sanction may vary depending on whether the person renders professional or technical services, whether the person is a functionary or public official, or whether the secret disclosed or published may be of industrial character.
The Federal Law Against Organized Crime Ley Federal contra la Delincuencia Organizada passed on November 7, , allows for electronic surveillance with a judicial order and details the conditions in which a judicial authority might authorize the interception of private communications Articles Also, the law provides fines and imprisonment sanctions to public officials and employees that reveal, disclose or improperly use against the prejudice of another person information or images obtained in the course of an interception of private communications whether authorized or not.
The law prohibits electronic surveillance in cases of electoral, civil, commercial, labor, or administrative matters and expands protection against unauthorized surveillance to cover all private means of communications, not merely telephone calls. The Federal Law against Organized Crime has been widely criticized by Mexican human rights organizations as violating Article 16 of the Constitution.
According to the US State Department, although the law protects against unauthorized interceptions, searches and seizures, authorities occasionally disregarded legal prohibitions. The Law of Protection and Defense of the User of Financial Services LPDUSF provides the legal framework for the protection and defense of the rights and interests of users of financial services rendered by private and public institutions duly authorized, as well as those rendered by the social sector.
CONDUSEF shall be legally entitled to provide information only in case such information or documents is requested by a judicial authority, and by virtue of a sentence duly resolved in trial. Public functionaries of the National Commission are personally liable for breaching the duty of confidentiality or secrecy provided in Article 13 of the LPDUSF, obliging them to repair any damage and loss caused as a result of disclosing banking, fiduciary or securities secrets Articles The United States-Mexican border has been an area of increased surveillance.
Mexican authorities now routinely perform "security sweeps" of homes in areas bordering the United States. The biometric data is stored with driver's license numbers, vehicle registration numbers and passport status information in an INS database. When a commuter in the program approaches the United States border, a transponder under his vehicle sends a signal to the checkpoint booth, activating the database and displaying the driver's image.
Other commuters use a voice-activated device in addition to the facial scan. There are currently no public interest organizations specializing exclusively in advocacy and legal protection of privacy rights. There are, on the other hand, various associations and centers dedicated to the study, publication and promotion of transparency, right to know and access to public information.
This law is compulsory for all federal public officials. It also adjudicates on the petitions regarding access to information and the protection of personal data in the possession of government entities and agencies.
The main contribution of the LFTAIPG has been to standardize the principles under which the diverse organs of the State shall manage citizen's personal data. The law also safeguards the principles of notice, consent, and purpose specification, and guarantees the rights of access and correction. However, the law lacks sufficient guarantees to protect the security of data processing activities, and lacks adequate enforcement mechanisms.
There are administrative and judicial instances to enforce the law regarding access to government public information and personal data. In order to guarantee the minimum rights written down in the law, there are procedures to access and correct personal data, as well as to appeal for review, in both cases before an administrative instance.
The data subject can use the Juicio de Amparo a safe, fast and effective procedure for persons to safeguard their constitutional individual, or an ordinary civil procedure before a court. If the Federal Personal Data Protection Law is enacted, it will introduce a procedural action, known in other countries as habeas data , from which shall derive administrative actions, and new procedures within the judicial system Juzgados de Distrito , as well as new associated criminal provisions.
State Data Protection. Colima is the first state that has enacted a privacy and data protection legislation in the Mexican Republic. Colima's Data Protection Law has been in full effect since June 15, , but its provisions have not yet been interpreted by Colima's local courts or by the Supreme Court.
The state of Jalisco introduced reforms to the state Civil Code in in order to regulate the protection of personal data, including data contained in electronic registries of private entities. The provisions of this Code contain definitions on private information, personal data, electronic data; data subject rights, data purpose; personal data registry; data collection obligations; the prohibition to collect, process and transfer sensitive personal data; obligations on the collection of patient medical data; obligations on security safeguards of personal data; the confidentiality of professional secrets; obligations to inform about the destination and transfer of personal information; consent to the transfer of personal information; the right to request access to personal data contained in private registries and archives; terms and conditions to modify, correct, update or cancel personal data; data preservation obligations; financial and credit data obligations; and third party data transfer conditions.
The following principles must be observed: I Providers shall use information provided by consumers in a confidential manner, and shall not be able to transfer it to third parties, unless there is express consent from the consumer or a requirement from a public authority. II Providers must use technical measures to provide security and confidentiality to the information submitted by the consumer, and notify the consumer, before the transaction, of the characteristics of the system. VI Providers must respect consumer decisions not to receive commercial solicitations.
France also prohibits the interconnection of files. There are also the Administracion Publica Paraestatal decentralized organs, corporations with public investment, national banks, national credit organizations, national insurance and guarantees organizations, trusts. There are numerous reports of illegal wiretapping. In September , 13 people were arrested on suspicion of involvement in the illegal wiretapping of state government employees and former employees.
In December , President Vicente Fox formed a committee to review the practices of CISEN, the Government civilian intelligence agency, following allegations of illegal phone tapping. In March , a large cache of government electronic eavesdropping equipment that had been used since to spy on members of opposition political parties, human rights groups and journalists was discovered in Campeche "Spy Network Stuns Mexicans, Raid Opens Door to Exposure of Government Snooping," The Washington Post, April 13, Thousands of pages of transcripts of telephone conversations were uncovered along with receipts for USD 1.
More than a dozen other cases of government espionage in four other states were exposed, ranging from hidden microphones and cameras found in government offices in Mexico City to tapes of a state governor's telephone calls. Every government agency identified with the electronic surveillance operations — the federal attorney general and interior ministry, the military, the national security agency and a plethora of state institutions — denied knowing anything about them "Anger as Big Brother Spy Tactics Exposed," The Guardian London , April 14, Since he was elected, President Fox promised to eliminate the security police division that is responsible for much of the illegal government wiretapping in Mexico.
At the level of the judicial branch, the Agreement for accountability and public information; the Guidelines for the conservation and classification of information of the Supreme Court of Justice; the Guidelines for the conservation and classification of information of the Federal Judicial Counsel; the Guidelines for the conservation and classification of information of the Electoral Court and Administrative Tribunals: the Agreement for accountability transparency and public information of the Federal Court of Tax and Administrative Justice; the Regulation for the Transparency and Information Access of the Federal Court of Labour Arbitration; the Regulation for the Transparency and Information Access of the Agrarian Courts.
EPIC --- Privacy and Human Rights Report
EPIC --- Privacy and Human Rights Report
They are requested by IRB decision makers. Please note that some RIR have attachments which are not electronically accessible here. To obtain a copy of an attachment, please e-mail us. This is a federal law adopted by Mexico's Congress ibid. Under the country's political system, each state, through its state congress congreso del estado , also enacts its own local laws and regulations, pursuant to the constitution Mexico 5 Feb. Each state must therefore adopt its own law on women's access to a life free of violence and the related regulations so that the standards are legally binding in its territory ibid. However, under Article of the Mexican constitution, where there is a conflict between a federal legislative provision and a provision of the Federal District or one of the states, the federal provision governs Mexico 5 Feb.
The implementation and preliminary evaluation of an ART strategy in Mexico: a country example.
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