Client Alert

Data related to the current or future health conditions of an identified or identifiable person is considered under the Mexican Federal Law for the Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares) as sensitive personal data.

Due to the pandemic caused by “COVID-19”, the National Institute for Transparency, Access to Information and Protection of Personal Data (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales) (“INAI”) has proposed the following recommendations regarding the treatment of personal data of infected people of COVID-19 in order to prevent security risks and respect the privacy of those affected:

• Protection of confidentiality on personal or sensitive data related to any case of COVID-19 in order to avoid discrimination against the affected person.
• In the event of COVID-19 cases occurring in work centers, the communication shall be carried out without identifying the infected worker.
• The treatment of personal data shall be informed and the owner of said data shall know the purpose of the collection and treatment thereof. Likewise, prior to treatment, the corresponding privacy notice shall be made available to the owner of the data.
• The identity of the people infected with COVID-19 should not be disclosed. In the event that it has to be communicated to the health authorities, it must be treated in such a way that the protection of the data is guaranteed.
• Those responsible for the information shall define the storage periods and the mechanisms to safely delete personal data.
• In the event of complaints of non-compliance by the owner of the personal data before the INAI, administrative sanctions and procedures may proceed, which may represent a fine or even criminal actions depending on the degree of violation of the sensitive personal data.

Finally, it is recommended that the person responsible for personal data includes a note complementing the corresponding privacy notice, stating that any sensitive data regarding COVID-19 will be kept confidential and will not be disclosed unless it is requested by health authorities in order to prevent the spread of the virus.

If you have any comments, questions, or need any additional advice, please contact us.

Contact

Andrés Urquidi
aurquidi@cuestacampos.com

Jimena Faci
jfaci@cuestacampos.com

www.cuestacampos.com

The above is provided as general information prepared by professionals with regard to the subject matter. This document only refers to the applicable law in Mexico. While every effort has been made to ensure accuracy, no responsibility can be accepted for errors or omissions. The information contained herein should not be relied on as legal, accounting or professional advice being rendered.