Newsletter: Amendments on Transparency and Personal Data Protection

Dear clients and friends,

In our commitment to keeping you informed about the most relevant legislative changes, we share a summary of the publication dated December 20, 2024, of the Constitutional Reform Decree on Organizational Simplification, which introduces significant changes to the framework for transparency and personal data protection in Mexico.

Among the most noteworthy aspects, the reform provides for the dissolution of the National Institute for Transparency, Access to Information, and Personal Data Protection (INAI) and the reassignment of its functions to various authorities.

1. Dissolution of the INAI

· The reform contemplates the elimination of the INAI, which will take effect once secondary laws are adopted within the 90-day term granted to Congress.

· Functions related to personal data protection will be transferred to the “Secretary of Anti-Corruption and Good Governance.”

· On the other hand, transparency and access to information functions will be absorbed by the decentralized body “Transparency for the People,” which will be attached to the Secretary of Anti-Corruption and Good Governance.

· However, at least until March 21, 2025, the INAI will continue to operate and remain responsible for handling information requests and personal data protection matters.

2. Personal Data Protection

• The current regulation and the obligation to protect citizens’ personal information, including biometric data, medical records, and financial data, will remain in place.
• Sixteen new supervisory authorities will be created, each assigned to oversee personal data protection, one for each branch of government, autonomous bodies at the federal level and political parties.
• At the state level, a transparency authority will be established for each of the four sectors mentioned above.
• It is proposed that the Good Governance body become the sole national authority responsible for overseeing compliance with how individuals handle personal data.

3. Transparency and Access to Information

· The constitutional right of citizens to request public information will remain in effect.

· Eighteen new supervisory authorities will be established to oversee transparency across various sectors, including the Executive, Legislative, and Judicial branches, autonomous bodies, political parties, and labor unions.

· At the state level, the 32 local bodies equivalent to the INAI will be eliminated, and each state will have a single transparency authority for each of the four designated sectors.

· The National Transparency Platform will be managed by the Secretary of Anti-Corruption and Good Governance.

Conclusion:

The primary goal of the reform is to reorganize the transparency and data protection system by transferring these functions to the Secretary of Anti-Corruption and Good Governance at the federal level, aiming for greater efficiency in costs and processes. However, the final structure of the model will depend on the legislative adjustments currently underway.

At Ramos, Ripoll & Schuster®, we are attentive to the evolution of these changes and their impact on companies and citizens. For any consultation or advice, we remain at your disposal.