On July 6, 2010, Mexico’s Ley Federal de Protección de Datos Personales en Posesión de los Particulares came into force. As we previously reported, on April 27, 2010, the Mexican Senate unanimously approved this landmark federal data protection law governing the collection, processing and disclosure of personal data by the private sector. Pursuant to the adoption of the new law, the Mexican Federal Institute of Access to Public Information has changed its name to the Federal Institute of Access to Information and Data Protection.
As reported by the IAPP, the Institute’s oversight powers will now include regulation of the private sector in addition to having authority with respect to government entities. The new law contemplates the rights of existing regulatory authorities to issue regulations in conjunction with the Institute, with non-compliance by a data controller being addressed first by the relevant industry regulator.