As we previously reported in an earlier newsletter, in accordance with the recent constitutional reform dated November 28, 2024, the extinction of seven autonomous agencies was decreed, including the National Institute for Transparency, Access to Information, and Personal Data Protection (INAI).
On Thursday, February 20, 2025, a Decree was published in the Official Gazette, enacting a new Federal Law on the Protection of Personal Data Held by Private Parties, as well as a new General Law on the Protection of Personal Data Held by Obligated Subjects.
These two new laws came into force on March 21, 2025, formalizing the extinction of INAI.
After reviewing these laws, it appears that the personal data protection framework—both for data held by private entities and by public entities of the Mexican Government—remains unchanged. There are no modifications to the rights of data subjects or to the obligations of those who process personal data.
Likewise, no changes have been observed in the legal framework for transparency and access to information.
The main change associated with these new laws is that all functions and powers previously held by INAI have now been transferred to the newly created Ministry of Anti-Corruption and Good Governance.
Another notable change is that the resolutions issued by this new Ministry may now be challenged through an amparo lawsuit before specialized courts in the field. Previously, INAI's resolutions were challenged before the Federal Court of Administrative Justice.
As we previously warned, the elimination of autonomous agencies that oversee the actions of various federal government entities does not appear positive in a democratic state. Additionally, the concentration of INAI's former powers—along with oversight and auditing functions—within a single Ministry does not seem advisable and could impact the continuity and effectiveness of the National Transparency Platform, as well as the protection of personal data, among other issues.
It is important to note that all pending matters that were unresolved by INAI will now be handled by the Secretariat of Anti-Corruption and Good Governance. This will likely result in delays in resolution times and may lead to discrepancies in the criteria applied to resolve cases.
At OLIVARES, we will closely monitor the actions of the new Secretariat of Anti-Corruption and Good Governance and will keep you informed of its performance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
