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Mexico

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The boundaries between privacy and data protection are blurry in Mexican legislation. Indeed we can observe two sets of rules, one dealing with privacy as the right to be let alone, the freedom to choose not to communicate those aspects of our lives which are not meant to be known to others, or admit interference in those which are not meant to be interfered with; and the second one dealing with the protection of the personal information and the enforcement of the ARCO rights.
Although privacy and data protection find its Constitutional ground on the same provision (Article 16 of the Mexican Constitution), Privacy is regulated in terms of civil law as a personal right, while there is a special law and legal frame for data protection.
Indeed, privacy is recognized as the right to be left alone, and it is deemed as a personal right regulated by civil law. This is considered to be part of the “moral patrimony” of any individual.
Actions in defense of privacy are taken on the grounds of civil law and before civil courts, while actions in defense of personal information and ARCO rights are taken on the grounds of administrative law, and before administrative authorities and administrative judicial courts.

Provided By:
Daniel Rodríguez Cardoso: Rodríguez Rueda S.C. / Gustavo Alcocer & Abraham Díaz: Olivares