Legislative Look nº 201 - The Protection and Treatment of Personal Data: The Human Right to Privacy and Intimacy

• Autor(a) principal: Sánchez Ramírez, María Cristina
• Data de Publicação: 2022
• Tipo de documento: Artigo
• Idioma: spa
• Título da fonte: Revista Jurídica Cesumar - Mestrado (Online)
• Texto Completo: https://periodicos.unicesumar.edu.br/index.php/revjuridica/article/view/10935
• topic: Personal data; Sensitive personal data; Right to privacy; Datos personales; Datos personales sensibles; Derecho a la Privacidad; Derecho a la Intimidad; PRIVACIDAD; INTIMIDAD; DATOS PERSONALES; Dados pessoais; Dados pessoais sensíveis; Direito à Privacidade; Direito a Intimidade

The main points addressed are: a) Section A, section II of article 6 of the Political Constitution of the United Mexican States protects information related to private life and personal data; b) The Federal Law on the Protection of Personal Data Held by Private Parties establishes definitions, regulated entities, rights, sanctions and procedures to guarantee privacy and the right to informational self-determination of individuals; c) The General Law on Protection of Personal Data held by Obligated Subjects establishes that the obligated subjects in the protection of personal data are at the federal, state and municipal levels, in addition to the bodies of the Executive, Legislative and Judicial Powers, self-employed, political parties, trusts and public funds, unions and any other natural or legal person that receives and exercises public resources or performs acts of authority; d) The Federal Penal Code typifies the crimes that can be committed to the detriment of personal data; e) The Plenary Session of the National Institute of Transparency, Access to Information and Protection of Personal Data resolved 1,900 means of challenge regarding the protection of personal data held by reporting entities, a figure that represented an increase of 8.5 percent with respect to the previous period corresponding to October 2018-September 2019; f) Spanish legislation is one of the most advanced in the protection of personal data and digital services as it contains provisions relating to the protection of minors on the Internet; right to rectification and updating of information; Right to privacy; the right to be forgotten and the right to a digital will, among others; g) In the LXIV Legislature, fourteen initiatives have been presented to modify or add to the Federal Law on the Protection of Personal Data Held by Private Parties and the General Law on the Protection of Personal Data Held by Obliged Subjects.