By Jose-Luis Piar Maas

Mexico passed an important constitutional reform on 12 December 2008, whereby the text of the Federal Consti-tution incorporates the express recognition of the fundamental right to the protection of personal data. For such purpose, a second paragraph was added to article 16, which establishes the following:
All persons are entitled to the protection of their personal data, to the access, rectification and cancellation thereof, and to manifest their opposition, under the terms provided by law, which shall establish the cases exempted from the principles governing the processing of data, due to reasons of homeland security, public order, security and public health provisions, or for the protection of third-party rights.

Thus far, the right to data protection had been incorporated partially in several laws. Prominent among them is the Federal Act on Transparency and Access to Government Public Information 2002, including a specific chapter regulating data protection. The Federal Institute of Access to Information (IFAI) is the agency entrusted with ensuring the right to data protection in relation to government entities. Also, nearly all of the states have passed laws on Transparency and Access to Information regulating this matter.

A reform of article 73 of the Constitution was also passed in order to give the Union Congress express powers so that it may prepare and pass a federal law for the protection of personal data in the possession of individuals and private entities. With the constitutional reforms that were just passed, Mexico is now at the forefront of the countries with constitutional recognition of the right to data protection.