Mexico City march 6, 2024.
On February 22, 2024, the Eleventh District Judge in Administrative, Civil and Labor Matters in Jalisco declared the unconstitutionality of section I, of article 2 of the Federal Law for the Protection of Personal Data held by Private Parties («LFPDPPP», in its Spanish acronym), which excludes credit reporting companies from the scope of application of such law.
The resolution of the District Judge derived from an “amparo” (constitutional action) filed by a citizen against a resolution of the National Institute of Transparency, Access to Information and Protection of Personal Data («INAI», in its Spanish acronym) which determined, among other issues, the impossibility of exercising the right of access to personal data provided in the LFPDPPP against a credit reporting company, since these entities are excluded from the scope of application of such law.
The District Judge decided, in accordance with a precedent resolved by the Second Chamber of the Supreme Court of Justice of the Nation, that there is no justification for credit reporting companies to be excluded from the LFPDPPP and that the mechanisms and procedures set forth in the Law to Regulate Credit Reporting Companies («LRSIC», in its Spanish acronym), which is the law applicable to this type of companies, are not sufficient to guarantee the protection of the personal data of the individuals whose information is included in the «credit bureau», for which reason the Judge declared the unconstitutionality of section I, of article 2 of the LFPDPPP.
This decision sets an important precedent in the subject matter, since the exclusion of credit reporting companies from the LFPDPPP has been a subject widely questioned by academics and other experts. Moreover, the Consultative Committee of Convention 108, when analyzing Mexico’s request to adhere to said Convention, recommended reviewing the legal provision in question since, in its opinion, it implies denying the recognition of the rights of data subjects in the context of credit reports.
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Adolfo Athié Cervantes
Renata Denisse Buerón Valenzuela
Erika Itzel Rodríguez Kushelevich
Ivan García Argueta
