Is There Any Case Law in Mexico Related to Criminal Consequences of Misuse or Illegal Obtention of Data from a Company?

Question from R, Is There Any Case Law in Mexico Related to Criminal Consequences of Misuse or Illegal Obtention of Data from a Company?

Answer from AI:

In Mexico, the misuse or illegal acquisition of data from a company can have serious criminal consequences. The Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP) and the Federal Criminal Code are the primary laws that address these issues.

Relevant Laws and Regulations

The LFPDPPP regulates the processing of personal data by private entities. It imposes obligations on data controllers to protect personal data and provides rights to data subjects. Violations of this law can result in administrative sanctions, including fines.

The Federal Criminal Code criminalizes the unauthorized access to protected computer systems and data. Article 211 Bis of the Code provides for imprisonment of up to two years and fines for anyone who, without authorization, modifies, destroys or causes loss of information contained in protected computer systems or equipment.

Case Law

While specific case law may not be readily available due to privacy and confidentiality reasons, there have been reported cases where individuals have faced criminal charges for data breaches. For example, in 2018, the Mexican Supreme Court ruled in a case involving the illegal use of personal data, affirming the importance of data protection rights.

Legal Advice

If you are involved in a situation involving the misuse or illegal acquisition of data, it is crucial to seek legal advice. A legal professional can provide guidance based on the specifics of your case, the current state of the law, and relevant case law.

Steps to Take

If you suspect that your data has been misused or illegally obtained, you should:

• Report the incident to the company involved
• File a complaint with the Federal Institute for Access to Information and Data Protection (IFAI)
• Consult with a legal professional

Remember, the misuse or illegal acquisition of data is a serious offense in Mexico, and those found guilty can face significant penalties.

Please note that this information is intended to provide a general overview and may not apply to all situations. Always consult with a legal professional for advice tailored to your circumstances. You can find more information about Mexico’s data protection laws on the IFAI’s website.