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Court Decision

La Fortuna v. INAI

Expediente Auxiliar 355/2016
In Mexico, the data protection authority responsible both for the access to information and data protection (INAI – Instituto Nacional de Transparencia, Acceso a la Informacion y Protección de Datos Personales) ordered Google Mexico to delist 3 URLs when queries were made using the claimant’s name, in one of the first “right to be forgotten” cases of the country. Citing extensively the Google Spain case, the Mexican DPA affirmed that: Google Mexico was under the jurisdiction of the Mexican DPA; Google Mexico was a data controller in the terms of Mexican Data Protection Law; Google Mexico failed to respond to the requests made by the data subject (based on the right to oppose and the right to cancel the processing of data); The issue was brought to court by the original publisher (magazine La Fortuna), represented by...
Court Decision

Séptimo Tribunal Colegiado de Circuito del Centro Auxiliar de la Primera Región, Amparo en Revisión 72/2012, August, 2016.

Séptimo Tribunal Colegiado de Circuito del Centro Auxiliar de la Primera Región, Amparo en Revisión 72/2012 , August, 2016. After the Mexican National Institute for the Access to Information (INAI) recognized a "right to be forgotten" in the administrative procedure PPD.0094/2015 (see below), ordering Google Mexico to delist specific URLs, one of the publishers that had their content delisted brought the case to the Mexican courts. In second instance, the court affirmed that the INAI decision affected the ability of the publisher to disseminate information and that the publisher should have been heard in the administrative procedure. The court struck down the decision of INAI and determined that the publisher should be included in the procedure. For more information, see R3D website (in Spanish).
Administrative Decision

National Institute for the Access to Information (INAI), Carlos Sánchez de la Peña v. Google México, S. de R.L., PPD.0094/14

( 1 ) The Mexican National Institute for the Access to Information (INAI) ruled in favor of a transportation magnate, Carlos Sánchez de la Peña, who wanted three links removed from Google search results. The links contained negative comments about the business dealings of Mr. Sánchez’s family—including a government bailout of bad loans. The INAI heard the case after Google Mexico rejected a petition from Mr. Sánchez de la Peña to have the links removed. ( 2 ) In his request to INAI, Mr. Sánchez claimed that the three Google links distorted and decontextualized information about his activities as an entrepreneur. Mr. Sánchez de la Peña’s family has owned “Estrella Blanca” bus lines for generations. One of the links directed to an article about a lawsuit against Mr. Sánchez’s father, Salvador Sánchez Alcántara, by...
Legislation

Ley de Telecomunicaciones y Radiodifusión [Broadcasting and Telecommunications Act]

( 1 ) The Telecommunications Act recently passed in Mexico (on July 17, 2014). Under Article 15, Section LXI , the Telecommunications Federal Institute of Telecommunications (FIT) has the power to order the ‘precautionary suspension of transmission of content’. ( 2 ) Further, the new law provides the government with the right to geolocalize any cell phone without a warrant. It also forces Internet Service Providers to save customer data for at least 24 months, and to keep such information available for the security agencies of the Mexican Government. All without judicial authorization. ( Articles 189-190 ) ( 3 ) Also, telecoms may be requested to block access to communications by the FIT, if those communications are deemed a threat to “public order and national security" ( Article 190, Section VII ). ( 4 ) The...
Legislation

Civil Code, August 31, 1928, as amended on December 24, 2013

The concept of 'strict liability' is defined in Article 1913 of the Civil Code in the following manner: "When a person operates machines, any instrument or substance that is inherently dangerous . . . such person is obliged to repair the damage caused by such instruments, even if the person does not act in an unlawful manner, unless that person proves that the damage was a consequence of the inexcusable fault or gross negligence of the injured party." Article 1913 governs only situations in which damages result not from an unlawful act but from a created risk. When the cause of the damages is an unlawful act only, then Article 1910 applies: "A person, while acting in an unlawful manner or against recognized usage, who causes a harm to a third party is obliged to repair the damage, unless it is established that the...
International Agreement

Trans Pacific Partnership Intellectual Property Rights Chapter [confidential text leaked on August 30, 2013]

Mexico is partecipating in the negotiation of this international agreement including a section on Internet service provider liability, with countries lining up either in favour of a general notification obligation or a notice-and-takedown system with the prospect of terminating subscriber Internet access and content blocking. Mexico favors the former approach. See M. Geist Blog post