Mexico City, at March 7, 2025
On February 20, 2025, the President of the Mexican Republic submitted to the Senate a Legislative initiative accompanied by a draft decree passing the General Law of Transparency and Access to Public Information (Ley General de Transparencia y Acceso a la Información Pública), the General Law of Personal Data Protection in the Possession of Obligated Parties (Ley General de Protección de Datos Personales en Posesión de Sujetos Obligados) and the Federal Law for the Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares) (the "LFPDPPP”) and several provisions are amended in the Organic Law of the Federal Public Administration (Ley Orgánica de la Administración Pública Federal) (the "Bill”). Additionally, on March 4, 2025, the Plenary session of the Mexican Senate, with 71 votes in favor and 21 votes against, approved the resolution by which the secondary legislation is aligned to set forth a model of organic simplification in transparency, access to public information and protection of personal data. The Bill was sent to the Deputies Chamber for its constitutional effects.
The highlights of the proposed LFPDPPP include, among others, eliminating the autonomy of the authority in charge of protecting personal data while the policies, rights, procedures and sanctions (with the exception of specific matters), will remain in the same terms as in the current Law of 2010 (currently the Law in force).
The Federal Ministry of Anti-Corruption and Good Governance, as a part of the centralized federal public administration, will assume the role as the new sole competent authority to sanction the LFPDPPP and protect personal data in possession of private parties, instead of the National Institute for Transparency, Access to Public Information and Personal Data Protection (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales), (the “NACI”), the autonomous national authority eliminated as a result of the constitutional reform approved last December 2024.
It is worth noting that the amparo trial shall proceed before “judges and courts specialized in the data subject matter, and as determined by the Federal Judicial Branch” against any resolutions issued by the Ministry of Anti-Corruption and Good Governance.
The information technology and data protection practice of our firm will closely monitor the legislative process of this Bill and will review amendments and their implications for the private entities’ obligations.
SINCERELY,
Adolfo Athié Cervantes
Renata Denisse Buerón Valenzuela
Erika Itzel Rodríguez Kushelevich
Ivan García Argueta
