February 26, 2026
A bill has been introduced in the Senate by Senator Karina Isabel Ruíz Ruíz (MORENA parliamentary group) to enact the National Law to Regulate the Use of Artificial Intelligence. If approved, it would establish Mexico’s first comprehensive legal framework for the development, implementation, and use of AI systems in both the public and private sectors.
Note: Regulating while the full scope and consequences of AI are not yet fully understood can be risky; regulation for its own sake may prove counterproductive.
The initiative was presented on Wednesday, February 11, 2026, and has been referred to the Joint Committees on Legislative Studies and on the Analysis, Monitoring, and Evaluation of AI in Mexico.
1. Purpose and Scope
The initiative proposes a law of public order and general observance across Mexico. Its purpose is to regulate and control AI use while guaranteeing the protection of human rights recognized in the Constitution and international treaties.
The definition of AI is broad, encompassing systems, models, or algorithms capable of generating, manipulating, or analyzing text, audio, images, or video, which expressly includes generative AI tools.
2. Guiding Principles
The development and application of AI would be governed by principles such as: human autonomy, confidentiality, transparency, accountability, justice, privacy, non-discrimination, innovation, and multisectoral collaboration. These align with international ethical frameworks; however, these remain abstract concepts whose lack of specific legal content may complicate practical application.
3. Key Obligations for Providers and Developers
The initiative imposes direct obligations on AI providers, including:
- Implementing internal policies for personal data management and erasure.
- Conducting risk assessments associated with data processing, considering threats, vulnerabilities, and resources.
- Developing and implementing information security work plans.
- Periodically monitoring and reviewing security measures.
- Adhering to principles of professional ethics.
Furthermore, all personal data processing must be lawful, limited to specific legitimate purposes, and disclosed via privacy notices, with a special emphasis on sensitive personal data.
4. Prohibitions and User Rights
Certain AI uses are expressly prohibited, including:
- Data collection or processing through deceptive or fraudulent practices.
- Profiling for political, ideological, or social persecution.
- Subliminal manipulation of human behavior.
Users would hold the right to object to automated processing when it significantly impacts their rights, interests, or freedoms.
5. Non-discrimination, Digital Violence, and Neurorights
The bill introduces reinforced obligations to prevent algorithmic bias and discrimination against vulnerable groups, making a gender perspective mandatory. It also addresses deepfakes and digital violence, while recognizing «neurorights»—linked to physical and psychological integrity, mental privacy, and individual autonomy.
6. Regulatory Authority and Sanctions
The initiative proposes creating a Regulatory Agency for the Development, Use, and Application of AI, with broad powers to:
- Coordinate public policies and issue technical guidelines.
- Classify AI systems by risk level.
- Address complaints and issue binding technical opinions for federal agencies.
Sanctions: The regime includes fines, suspensions, market withdrawal, debarment, and closure of facilities. Matters involving potential crimes will be referred to the Attorney General’s Office (FGR).
The probability of this initiative being approved in its current form is medium-low. While there is clear political will to regulate AI, the proposed institutional design—specifically creating a new agency with binding powers and its subsequent budgetary impact—suggests a prolonged period of debate and substantial modifications.
Regardless of the outcome, this initiative sends an unequivocal signal: AI will increasingly be scrutinized through the lens of data protection, risk management, and accountability. Regulatory expectations are shifting toward mandatory impact assessments, data governance, and transparency.
Our Information Technology and Data Protection practice is available to analyze how this initiative may impact your operations. We can support you in strengthening AI governance models and, if necessary, determining legal defense strategies should future applications of this law infringe upon your legal certainty.
Sincerely,
Adolfo Athié Cervantes
Renata Denisse Buerón Valenzuela
Erika Itzel Rodríguez Kushelevich
Read the full initiative here: Ini_Morena_Sen_Karina_Ruiz_Expide_Ley_Nacional_de_Inteligencia_Artificial.pdf