Article 64 of the Federal Law empowers the IFAI to issue fines
from 100 to 320,000 the times the Mexico City minimum wage
(approximately US$480 to US$1,534,275 for violation of the Federal
Law. In addition to monetary penalties, three months to three years
imprisonment may be imposed on data controllers for any security
breach of databases under their control. Such sanctions above can
be doubled twice again for violations concerning sensitive
IFAI President Gerardo Laveaga stated that a number of new
investigations have been opened, following a 20% increase in the
number of data-protection complaints from individuals from 2012 to
2013. The IFAI issued fines totalling 50 million pesos ($3.7
million) in 2013, a figure that is set to markedly increase for
2014. This included the $1 million fine levied against the bank
Banamex and the $500,000 fine imposed on cellular company Telcel.
The IFAI reported that it intends to challenge all appealed 2013
fines, which will likely swell the coffers of the IFAI in 2014 even
further. Organisations should take heed; evidently the IFAI is
increasingly willing to show its teeth to enforce compliance with
the Federal Law.
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The fourth and final part of our mini-series on the draft ICO guidance on Consent, published on 2 March 2017, focuses on the practical impact the GDPR (General Data Protection Regulation) will have on how your organisation records and manages consent.
In light of the much anticipated ICO draft GDPR (the General Data Protection Regulation) Consent Guidance being published yesterday, 2 March 2017, we will be running a mini-series on the guidelines under consultation and the impact the GDPR will have on the much vexed position of consent and the impact on your business.
The first of our four discussions on the ICO guidelines for Consent will focus on the meaning of consent under the GDPR (General Data Protection Regulation) and how this change enhances the previous law on consent to data processing.
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