A few weeks ago, the Mexican Data Protection Regulator (“INAI”) confirmed an increase in access to information and personal data protection requests submitted by data subjects, compared to 2020. Now, l INAI has confirmed that this increase in requests results in the imposition of fines of 4.5 million US dollars in 2021.
These fines arise from 83 new sanction procedures and 43 initiated in other years, but resolved in 2020. In addition, the INAI confirmed that in 2020 there were a total of 278 rights protection procedures ; of which 143 dealt with the right of access to personal data, 19 of rectification, 106 of cancellation and 57 of opposition to the processing of data.
These figures are complemented by the previous confirmation by the INAI that the rights most requested by data subjects were: (1) rights of access to medical files or medical history; (2) vaccination certificates, (3) payroll receipts or proof of payment, (4) pension and retirement records, (5) specific documents containing personal information; and (6) correction of data in the SARS CoV-2 virus vaccination certificate.
According to INAI records, the most sanctioned sectors, from highest to lowest, were: (1) financial services and insurance; (2) mass media information; and (3) health and social welfare. In most cases, the behavior involved: (1) the collection and/or transfer of personal data without the necessary consent; or (2) delivery of non-compliant privacy notices.
These revelations from the INAI are further proof of the increased awareness of the rights of data subjects. Therefore, it is important for companies operating in Mexico to review their compliance with Mexican data protection laws, as the increase in complaints could also lead to an increase in the number of companies fined by the INAI.
The most sanctioned activities are financial services and insurance, mass media information, health and social assistance.
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