The Mexican Data Protection Regulator ("INAI") confirmed on January 2nd, 2022, that during 2021 the number of requests for access to information and protection of personal data submitted by data subjects increased 10.2 %compared to 2020.
According to the INAI's records, between January 1st and November 30, 2021, 296,891 requests were submitted to federal public institutions, while in the same period of 2020, only 269,460 were registered. From the total number of requests submitted this year, 247,330 are for access to public information and 49,561 for the protection of personal data.
In terms of personal data, the most requested were rights of access to medical records or medical history, certificates of vaccination, payroll receipt or proof of payment, pension and retirement records, specific documents with personal information; and the correction of data in the certificate of vaccination against the SARS CoV-2 virus. It is worth mentioning that the source of such requests are highly concentrated in Mexico City, Jalisco, Puebla and Nuevo Leon.
The increase on such requests is evidence of a higher degree of awareness in the general population, who appear to be more comfortable asking companies to respect their access, correction, cancelation, opposition and revocation; but not only that, but asking the INAI to help enforce their rights when they do not receive the desired answer from the company acting as data controller.
In a way, we celebrate this increase in the awareness as it helps to improve the data protection ecosystem in Mexico. However, companies operating in Mexico, should review their compliance with Mexican data protection laws, as the increase in complaints, could also lead to an increase in companies that are ultimately fined by INAI for a lack of compliance with the law. Please beware that monetary penalties for such compliance would be as high as USD $3 million (approximately depending on exchange rates).
Between January 1st and November 30, 2021, 296,891 requests were received, while in the same period of 2020, 269,460 were registered. Of the total number of requests submitted this year, 247,330 are for access to public information and 49,561 for the protection of personal data.