New Laws on Transparency and Personal Data Protection in Mexico

New Laws on Transparency and Personal Data Protection in Mexico

March, 2025

On March 20, 2025, the Decree issuing legislation on transparency and personal data protection was published in the Diario Oficial de la Federación, which came into force the day after its publication. The legislative package issues three new laws: (i) the General Law on Transparency and Access to Public Information; (ii) the General Law on the Protection of Personal Data Held by Obligated Subjects; (iii) the Federal Law on the Protection of Personal Data Held by Private Parties.

On March 20, 2025, the Decree issuing legislation on transparency and personal data protection was published in the Diario Oficial de la Federación, which came into force the day after its publication. The legislative package issues three new laws: (i) the General Law on Transparency and Access to Public Information; (ii) the General Law on the Protection of Personal Data Held by Obligated Subjects; (iii) the Federal Law on the Protection of Personal Data Held by Private Parties; and amends Article 37, Section XV, of the Organic Law of the Federal Public Administration.

Thus, among the main points of the Decree are:
• The elimination of the National Institute of Transparency, Access to Information and Personal Data Protection (“INAI”), as a result of the constitutional reform on organic simplification transferring its functions: (i) to the Secretariat of Anti-Corruption and Good Governance (“SABG”); and (ii) to Transparency for the People, an administrative body decentralized from the SABG.
• According to the explanatory statement of the Decree, these modifications aim to generate greater efficiency in the management of access to information requests and in the protection of personal data, while optimizing resources and eliminating duplicities in the governmental structure.
• However, this Decree represents a significant setback in terms of transparency and the right of access to information, being a clear example of this, the elimination of the authority's power to file actions of unconstitutionality and constitutional controversies. Likewise, the Decree incorporates ambiguous concepts such as “Social Peace” and “harm to the State's interest” that allow the authority to reserve access to information.
• In terms of personal data protection, although substantively it seems that there are not many changes, there are also interpretative ambiguities until the corresponding regulations are issued. Such is the case that tacit consent is the general rule for obtaining the consent of the personal data holder, unless legal provisions require express consent.
• Both in terms of transparency and personal data protection, the only recourse will be the amparo trial before District Courts and Circuit Tribunals “specialized in transparency and personal data” that are not yet enabled. Considering the context of recent reforms to the judiciary, the creation of these specialized courts and tribunals constitutes a measure that discourages the protection of human rights.
• The Decree introduces a setback in access to public information and excessive bureaucracy in the supervision of personal data protection in Mexico.

Derecho Administrativo · October, 2025

Operations Begin at the New Public Center

The new Public Center for Alternative Dispute Resolution Mechanisms of the Federal Administrative Justice Tribunal begins operations. Today, the Public Center for Alternative Dispute Resolution Mechanisms in Administrative Justice Matters of the Federal Administrative Justice Tribunal became operational. This new body represents an unprecedented opportunity for taxpayers to negotiate with tax authorities through alternative mechanisms.

Derecho Administrativo · April, 2025

New Public Procurement Law

On April 16, 2025, the “Decree Issuing the Public Procurement, Leasing, and Services Law and Amending, Adding, and Repealing Various Provisions of Other Laws” was published in the Official Gazette of the Federation. The New LAASSP aims to modernize and streamline public procurement processes.

Derecho Administrativo · January, 2025

New UMA Values Effective as of February 1, 2025

On January 10, 2025, the National Institute of Statistics and Geography (INEGI) published in the Official Gazette of the Federation (DOF) the updated daily, monthly, and annual values of the Unit of Measure and Update (UMA), reflecting a 4.21% increase. These values will take effect as of February 1, 2025.

Derecho Administrativo · January, 2025

Mexico expresses restrictive position to the UN on the use of force in foreign territory

Mexico's Position before the United Nations
The government of Mexico has submitted a document to the UN General Assembly and Security Council, dated January 13, 2025, rejecting the expansive interpretation of Article 51 of the United Nations Charter as a basis for justifying the use of force against non-state actors in foreign territory.

Derecho Administrativo · January, 2025

Government Extends Fee Exemption

Government extends the fee exemption for foreign cruise passengers for six months. As we previously reported, on December 19, 2024, the “Decree amending, adding, and repealing various provisions of the Federal Rights Law” (hereinafter, the “Law”) was published in the Official Gazette of the Federation, which was scheduled to come into force on January 1, 2025.