Mexico: Companies Handling Personal Data – Comply with Set Rules & Avoid Penal

In a recent case, the Federal Institute for Access to Information and Data Protection (IFAI) of Mexico has imposed a penalty on Pharma Plus, S.A. de C.V.
By: Nair & Co.
 
Feb. 11, 2013 - PRLog -- In a recent case, the Federal Institute for Access to Information and Data Protection (IFAI) of Mexico has imposed a penalty on Pharma Plus, S.A. de C.V. (engaged in drugstore operation trade) for breaching the personal data protection law, which came into effect on July 5, 2010. The Regulatory Law, however, has been enforced since December 22, 2011.

Mexico Personal Data Violation Case: Background

Pharma Plus, S.A. de C.V., for the sale of drugs, had requested the patients to furnish their personal details (including name and address), but failed to provide them with the corresponding privacy notice. The company also failed to inform the patients about the party that is responsible for the data collected.

Mexico Personal Data Violation Case: Analysis & Verdict

After closely analyzing the case, IFAI concluded that the drug company had breached the ‘information principle’ as a privacy notice was not provided, and the ‘identity information principle’ was also violated for failing to provide details of the responsible party.

IFAI imposed a penalty of approximately US$117,649.70 for infringement of the information principle and approximately US$39,216.56 for the breach of the identity information regulation.

Important Lessons for Corporates:

·         They must adhere to the prescribed requirements of the personal data protection Law.

·         They must implement policies as per company’s specific needs.

·         They must evaluate and implement various documents, processes & policies relating to the handling of personal data.

For more information on this topic email media@nair-co.com

Get the latest press releases and updates on international tax, HR, Finance, compliance and other legal news at Nair & Co. Industry Alerts (http://www.nair-co.com/newsandannoucement.aspx).
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