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ARTICLE · 23 DECEMBER 2021

Privacy Law Survey 2021 - Mexico / Mexico City

As concerns about worker data privacy have grown across Latin America, so has the definition of "worker"; past, current, and potential employees and contractors may now be covered by a country's labor, employment and data-security regulations.

MexicoPrivacy

Consent

May consent be used as a legal basis for processing worker information? (Y/N – if N, please explain)

No if the information requester is the employer. However, if the requester is a third party, employee's consent is required.

Are there any specific worker data collections or processing operations that require prior consent? (Y/N – if Y, when is consent required)

Yes. According to the Federal Law for the Protection of Personal Data in Possesion of Individuals, workers must give their express consent when sensitive personal data is required.

Are there exceptions that will allow employers to collect and treat workers data without consent? (Y/N – if Y, list the exceptions)

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