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On the federal level, Mexico has had a comprehensive data protection law 's the Federal Personal Data Protection Law (Ley Federal de Protección de Datos Personales) - in place since 2010. There are also Personal Data Protection Rules (Reglamento de la Ley Federal de Protección de Datos Personales en Posesión de los Particulares) in effect.
Under the Law, individuals (referred to as data owners) must consent to the processing of personal data unless an exception exists. Consent is considered express when communicated verbally, in writing, by electronic or optical means or via other technology, or by unmistakable indications. Express consent is required to process data related to financial information and for sensitive personal data. Under the Law, sensitive personal data includes: racial or ethnic origin, present or future health conditions, genetic information, religious, philosophical or moral beliefs, trade union membership, political opinions and sexual orientation. The Law also provides for tacit consent which occurs when the individual receives a copy of a privacy notice and does not object to processing.
The Law affords individuals "ARCO rights" - which are the right to access, rectify, cancel (i.e., erase) and/or object to personal data processing. In addition, individuals have the right to revoke consent. These are referred to as ARCO rights (access, rectify, cancel or object). Regarding data transfers, individuals must consent to domestic or foreign transfers of data unless limited exceptions are met (such as the transfer is done in accordance with a law or treaty).
Enforcement of the Law is through the Federal Institute for Information Access and Data Protection (Instituto Federal de Acceso a la Información y Protección de Datos or IFAI) which acquired new authority and changed its name to National Institute of Transparency, Access to Information, and Personal Data Protection (INAI, Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales).
Additionally, individuals must be presented with a Privacy Notice prior to personal data collection. In 2013, Privacy Notice Guidelines were passed strengthening this requirement. The purpose of the Privacy Notice is to provide the scope, terms and conditions of data processing to the individual so he or she can make an informed decision. Under the current guidelines, three versions of the Privacy Notice must be prepared: Short, Simplified and Full (or Comprehensive).
For further information, download our Mexico Country Data Sheet.
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Requirements: Name, Date of Birth, Full Address, Release Form, CURP #/copy of IFE card (front and back)/copy of passport, and Mother's Full Maiden Name
The recommended criminal search in Mexico is on the state level. A certificate from the State Attorney General of the state that the subject has lived in (Procuraduría General de Justicia del Estado de México). A hard copy of the certificate is not available as that is provided to the candidate only. Third parties will receive an electronic copy of the certificate. Additional information such as the individual’s mother’s maiden name will be required.
A nationwide federal criminal repository search is also available; however, some states have discontinued providing daily feeds so this search should be considered limited in terms of scope.
Requirements: Name, date of birth, complete address, mother’s full maiden name, release
A comprehensive national civil search conducted Data Juridicta Information returned will include all types of civil lawsuits, and will include family and probate records.
Requirements: Name, date of birth, city
This search is conducted at the local or state level through a database containing information from courts and government agencies. Report may include case type, file date, case number, name of court where case was filed, plaintiff, defendant and disposition if a case can be located.
This search is conducted at the local level through the court based on the jurisdiction of the address provided. Report may include file date, case number, name of court where case was filed and case status if a bankruptcy case can be located.
Requirements: Name, date of birth, school name, degree, major, dates of attendance, city of school, release form, mother's maiden Name
It is common to verify only the highest degree obtained by a candidate. Educational institutions will be contacted to verify dates of attendance, graduation date and degree information.
Requirements: Name, date of birth, employer name and contact information, release form, date of employment, position held, Parent's Surnames and release form
Employers will be contacted to verify the individual’s title, dates of employment and if the candidate is eligible for rehire. Typically employment verifications do not extend beyond a 7 year time frame absent a legal or regulatory requirement to obtain that information. Current employers will only be contacted with express consent from the applicant.
Requirements: Applicant name and date of birth, reference's relationship, contact name and contact information (including phone number and email address)
This search is conducted via telephone (or at times e-mail) with the individual’s personal or professional references using a standard list of questions.
Requirements: DOB, address, consent form, color copy of both sides of driver’s license, copy of both sides of the voter’s card: Credential Para Votar (IFE)
A verification of driver's license credentials and status for that jurisdiction. Results may also include driver history, conviction history, expiration, driving restrictions, and identity information.
Requirements: Name, DOB, address, mother's maiden name, general release, copy of IFE card for citizens (front and back) or copy of INE card for non-citizens (front and back), special release form with wet-ink signature
The individual credit report includes insolvency, bankruptcy information and bad payment history.
Requirements: Name, date of birth, address
The Global Monitor Check (GMC) is database product that searches a variety of databases including (but not limited to):
Requirements: Full Name, date of birth, IFE #, release form
A validation and/or verification of the data subject’s identity documents.
Requirements: Name, date of birth, address, passport copy, company name where directorship was held, company address, In-Country Residence History Form
A search to determine if a candidate had fiduciary or board of directors responsibilities for a company.
Requirements: Name, date of birth, city, school name, degree obtained, dates of attendance, city of school, employer name and contact information, dates of employment, position and release form
The employment screening package provides discounted price rather than ordering individual products. It includes:
The Criminal and Civil Search Package offers discounted pricing of our most popular searches. This bundle includes one criminal records search and one civil records search, based on the jurisdiction of the address provided.
Requirements: Name (including former name), dob, address, release
The Civil and Bankruptcy Search Package offers discounted pricing of our most popular due diligence searches. This bundle includes one civil records search and one bankruptcy records search, based on the jurisdiction of the address provided.
The reason is pretty simple and practical. There are so many Hispanics with some common names such as Garcia, Perez, or Martinez etc. surnames that we need our mother’s maiden name to legally separate our identities.
If you are thinking about hiring a potential employee who has previously lived, worked or attended school in Mexico, we highly suggest that you have a Mexico criminal records search completed. By conducting a criminal records check you are protecting your company against negligent hiring, by being proactive and looking for potential problems in this persons past that could have an effect on the work that they do or the work environment itself. Be advised that employers are being held responsible for their employee's behavior more and more each day. In addition, while the US has a criminal ratio of 5 - 15%, Mexico's criminal ratio exceeds that of the US at 20%. You simply cannot rely on the criminal checks completed by the US Immigration Department, as these types of checks are done primarily to keep terrorists out of the country and are conducted solely on individuals that are applying for permanent visas and green cards. There are no checks being done on the many illegal immigrants that come to this country each day. Specific industries that we highly recommend having criminal background checks completed on potential employees coming from Mexico are; Construction, Landscaping, Restaurant business, Apartment Managers and Building cleaning services. We offer different packages to meet your individual needs.
The Mexican Federal Law was published on July 5, 2010 for the Protection of Personal Data in Control of Private Entities (Ley Federal de Proteccion de Datos Personales en Posesion de Particulares), by the Mexican Ministry of the Interior. The Data Protection Law came into effect on July 6, 2010. The Regulation of the Data Protection Law was published in the Official Gazette by the Ministry on December 21, 2011.
The Data Protection Law requires a lawful basis (consent from the individual or legal obligation) in order to collect, process, use or disclose personal data on an individual. Organizations must also provide notice to individuals when they intend to handle their personal information. The notice should state what personal information is being collected and how it will be used. Individuals have rights to access the information collected on them as well as rights to correct and object. In 2013, Privacy Notice Guidelines (Lineamientos del Aviso de Privacidad) were enacted to afford more protections under the Federal Law for the Protection of Personal Data in Control of Private Entities. The new guidelines established that there are three forms of a Privacy Notice: Full, Simplified, and Short. These guidelines ensure organizations provide all the information necessary to an individual in regards to how the individual’s information will be collected, used, transferred, disclosed, etc. These notices must be reasonably accessible to any individual, and provided to them before any collection of personal information.
The Data Protection Law states that individuals or corporations handling personal data must ensure that they have appropriate security measures in place to keep the personal data secure and protected from loss. If there is a security breach with regard to an individual's personal data, the individual must be notified of the breach immediately. They must be informed of the type of breach, what personal data was involved in the breach, what steps they can take to protect themselves and any corrective actions the company has taken regarding the security breach.
When personal data is communicated inside or outside of Mexico to someone other than the data subject or data handler a data transfer occurs. When a data transfer occurs the recipient of the personal data has an obligation to handle the data as agreed in the privacy notice and assumes the responsibilities of safeguarding the personal data as stated in the Data Protection Law.
At Info Cubic, data privacy and protection is of the utmost importance. The following associations and certifications prove our commitment to data security.
