The right to privacy is enshrined in article 6 of the Political Constitution of the United Mexican States, which stipulates that:
“A. In order to exercise the right to information, the Federation, the States and the Federal District, in the sphere of their own cognizance, shall be ruled by the following principles: (…)
II. Information regarding private life and personal data shall be protected according to law and with the exceptions established therein:
Article 16. No person shall be disturbed in his private affairs, his/her family, papers, properties or be invaded at home without a written order from a competent authority, duly explaining the legal cause of the proceeding.
All people have the right to enjoy protection on his personal data, and to access, correct and cancel such data. All people have the right to oppose the disclosure of his data, according to the law. The law shall establish exceptions to the criteria that rule the handling of data, due to national security reasons, law and order, public security, public health, or protection of third party’s rights.(…)”
Mexico has ratified several international instruments relevant to the right to privacy, including:
In 2018, Mexico became the second Latin American country to accede to the Council of Europe’s Convention for the protection of individuals with regard to Automatic Processing of Personal Data, also known as “Convention 108”, and its Additional Protocol and thus becomes its 53rd Party. The Convention and its Protocol entered into force in respect of Mexico on 1 October 2018.
DOF – Diario Oficial de la Federación