Federal Law on the Protection of Personal Data held by Private Parties (LFPDPPP) Mexico
Overview
The Federal Law on the Protection of Personal Data held by Private Parties (LFPDPPP) is Mexico's primary data protection law. Enacted in 2010, it aims to protect personal data in the possession of private entities, ensuring its controlled and informed use while respecting individuals' privacy rights and informational self-determination. The law mandates that data processing must be legitimate and includes guidelines for transparency, consent, and security. The law is supplemented by several regulations and guidelines:
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Regulations to the Federal Law on the Protection of Personal Data Held by Private Parties: Entered into force on December 22, 2011.
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Privacy Notice Guidelines: Effective from April 18, 2013.
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Recommendations on Personal Data Security: Issued on November 30, 2013.
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Parameters for Self-Regulation Regarding Personal Data: Effective from May 30, 2014.
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General Law for the Protection of Personal Data in Possession of Obligated Subjects: Entered into force on January 27, 2017.
Regulation Summary
Timeline
- Enacted: July 5, 2010
- Effective: July 6, 2010
- Compliance Deadlines: Privacy notices and data controller assignments were required by July 6, 2011.
What Businesses Are Affected
The law applies to private individuals and legal entities processing personal data in Mexico, including:
- Organizations collecting personal data for commercial use.
- Entities processing data of Mexican residents, even if located abroad.
Exemptions
- Data collected exclusively for personal or household use.
- Credit reporting agencies governed by separate regulations.
Responsibilities for Businesses
- Obtain consent before processing personal data.
- Provide clear and accessible privacy notices.
- Implement security measures to protect data from misuse or unauthorized access.
- Ensure data accuracy, relevance, and up-to-date information.
Specific Responsibilities for Website Owners
- Publish a comprehensive privacy notice.
- Implement mechanisms for consent, including opt-in/opt-out for specific data uses.
- Notify individuals of any changes in data use or breaches that could affect their rights.
Additional Requirements
- Appoint a Data Protection Officer (DPO) or department to manage compliance.
- Ensure proper data transfers with third parties through contractual safeguards.
- Maintain records of data processing activities.
Data Subject Rights
- Access: Individuals can access their personal data.
- Rectification: Correct inaccurate or incomplete data.
- Cancellation: Request deletion of their personal data.
- Objection: Object to processing for specific purposes.
Enforcement
- Authority: The Federal Institute for Access to Information and Data Protection (INAI).
- Penalties:
- Fines ranging from 100 days ($1,206 USD) to 320,000 days ($3,857,007 USD) of Mexico City’s minimum wage.
- Criminal penalties, including imprisonment for certain violations.
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