Mexico: Amendment to the General Law for the Protection of Personal Data in Possession of Governmental Entities

On February 3, 2021, the resolution of the Transparency and Anticorruption Commission of the House of Representatives was published in the Parliamentary Gazette, approving the amendment to Section X of Article 3 of the General Law for the Protection of Personal Data in Possession of Governmental Entities (the «Law»). The Law is applicable at all levels (federal, state, and municipal) to any authority, entity, agency, and organization of the Executive, Legislative, and Judicial branches of the government, political parties, trusts, and public funds.

The amendment to the Law seeks to modify the definition of sensitive personal data in order to make it broader and adapt such definition to the technological changes that the country has undergone and that have allowed the processing of additional and different personal data. By virtue of the foregoing, such amendment includes as sensitive personal data the religious, philosophical, or moral convictions, union affiliation, information related with the sexual orientation, and biometric information intended to univocally identify a person.

Finally, it is important to mention that, unlike the Law, the Federal Law for the Protection of Personal Data in Possession of Private Entities does not mention biometric data as sensitive personal data, and an amendment to such law to include the same has not yet been proposed.

For further information in connection with this matter, please contact the partner in charge of your matters or one of the attorneys mentioned as follows:

Mexico City Office

Mr. Jorge León Orantes B. (Partner)

Ms. Paola Morales V. (Counsel)

Tel.:+52 55 5279.5400

Monterrey Office

Mr. César Cruz A. (Partner)

Tel.:+52 81 8133.6000

Queretaro Office

Mr. José Ramón Ayala A. (Partner)

Tel.:+52 442 290.0290