Changes in monitoring and compliance assessment of the FAPPDPI.
We hereby inform you that on July 21 st , 2016, the National Institute of Transparency, Information Access and Data Protection (the "INAI"), the Mexican regulator in charge of monitoring and assessing compliance with the Federal Act on the Protection of Personal Data held by Private Individuals (the "FAPPDPI"), issued a decision whereby it establishes that employees' databases are not owned by the employers (the Companies) and therefore the employers cannot use such information beyond the provisions established by the FAPPDPI. Under the decision issued by the INAI, the employees are the owners of their personal data while the employers are not.
Below you may find a brief summary of the decision abovementioned:
"When the usage of the personal data has the purpose of complying with an obligation, arising from a legal relationship, in this case a labor relationship, it cannot be argued that such personal data were collected for personal usage.
The personal data related to either an employee or a former employee, such as his/her position, e-mail address, salary and other related information are personal data that shall be processed under the principles, obligations and rights established under the FAPPDPI.
The personal data that employers store in their files or databases is not their property."
We hope you find this information useful.
Should you have any questions or require further information related to the above please
feel free to contact us.
Luis Burgueño, Partner:+ 52 (55) 5258-1003, lburgueno@vwys.com.mx