Data Privacy and Surveillance in Mexico

Data Privacy Laws in Mexico

In Mexico, information regarding private life and personal data is protected, according to law. The right to privacy is in Article 16 of the Political Constitution of the United Mexican States, which mandates that:

“A. In order to exercise the right to information, the Federation, the States and the Federal District, in the sphere of their own cognizance, shall be ruled by the following principles: (…)

Article 16: “No person shall be disturbed in his private affairs, his/her family, papers, properties or be invaded at home without a written order from a competent authority, duly explaining the legal cause of the proceeding.

All people have the right to enjoy protection on his personal data, and to access, correct and cancel such data. All people have the right to oppose the disclosure of his data, according to the law. The law shall establish exceptions to the criteria that rule the handling of data, due to national security reasons, law and order, public security, public health, or protection of third party’s rights.(…)”

Mexican data protection laws and general legislations follow international correlative laws and have similar principles.

• Mexico has ratified several international instruments relevant to the right to privacy, including:
• The Universal Declaration of Human Rights
• The International Covenant on Civil and Political Rights
• The American Convention on Human Rights
• The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

Data Privacy: Individual Rights

Data owners have the right to request access, rectification, and deletion of their personal data, and to object to its processing.

• Right to access data and copies of data
• Right to be forgotten
• Right to object to processing
• Right to data portability
• Right to object to marketing
• Right to request verification procedure

Surveillance Laws in Mexico

• Article 69 of the General Law for Transparency and Access to Public Information mandates that authorities publish periodic statistical reports on:

• The number of surveillance communication requests
• Access to data regarding the geographic localization of mobile communication devices in real time
• Access to the communications registry

Surveillance Authorities in Mexico

According to the National Code of Criminal Procedure, the only authorities given authorization to conduct this communication surveillance are:

• The Federal Police
• Center for Research and National Security
• Public Prosecutor Agencies

Impact of Surveillance on Journalists

• Mexico has recently become known for its problematic use of spyware. In 2017, The Times and the Citizen Lab detailed the use of malware against journalists, minors, human rights lawyers, politicians and anti corruption activists.
• According to the New York Times, Javier Valdez (a prominent investigative reporter) was shot dead in 2018. Authorities later determined that his death involved sophisticated spying tech by the Mexican government.
  • “The illegal use of the surveillance technology in Mexico first emerged during the administration of Mr. Peña Nieto, which bought the spyware on the condition that it be used only to target terrorists and criminals.”
  • It was later confirmed that almost two dozen highly questionable targets, including some of Mexico’s most prominent journalists, human rights lawyers and activists. The Mexican government denounced the spying when the news of surveillance surfaced and even opened a federal investigation into their use of surveillance technology.

Tips for Being a Journalist in Mexico

• Create an effective procedure to address data access, deletion or opposition rights.
• Implement measures that increase accountability and increase data protection for your information
• Be cautious of suspicious links and websites
• Make new privacy notices that are compliant with Mexico’s requirements
• Keep updated on Mexico’s surveillance investigation