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Aug
11

Data Protection in Mexico: Is Consent Mandatory for the Processing of Personal Data in the Employment Context?

From: BNA/Bloomberg Law

By Rosa Maria Franco Velázquez

Rosa Maria Franco Velázquez is an intellectual property, privacy and data protection attorney, as well as a certified information privacy professional (CIPP/US). She has worked in different specialized firms, including Basham, Ringe y Correa SC in Mexico City, where she established, developed and led the firm’s privacy and data protection practice; currently she has her own practice in Mexico City. She has advised national and international clients on privacy and data protection issues and has participated as a speaker in different conferences and seminars in Mexico and abroad.

Introduction

The Federal Law on the Protection of Personal Data held by Private Parties (hereinafter the Law or LFPDP)1 was enacted in 2010 to regulate the legitimate, controlled and informed processing of personal data in order to guarantee an individual’s privacy and information self-determination rights, recognized in the Mexican Constitution as human rights.2

The LFPDP applies to all private individuals and entities that use, disclose, transfer or store personal data, except for credit-reporting companies (regulated by other legislation) and individuals who collect and store personal data exclusively for personal use and without the purposes of disclosure or commercial use.3 It recognizes the principles of lawfulness, consent, information, quality, purpose, loyalty, proportionality and accountability, which must be considered in all phases of the data processing.

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