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
(1) In Mexico there is no ad hoc legislation, such as the US Digital Millennium Copyright Act (DMCA). The Copyright Law contemplates provisions which accommodate concepts such as fixation, reproduction or communication to the public in the digital environment. (2) The Copyright Law does not make internet service providers (ISPs) liable or provide any safe harbours excluding liability in specific situations like caching, search engine, mere conduit or routing. The exceptions and limitations imposed by the Copyright Law are restrictive in scope and it would be difficult to invoke in connection with digital rights. (3) The Copyright Law of Mexico does not provide exceptions or limitations to copyright or neighboring rights in connection with the activities of ISPs or other intermediaries.
The Regulations define the "Right of Cancellation" ("cancellation means stopping the processing of personal data by the data controller, starting from their blockage and subsequent supression") and the "Exercise of Right of Cancellation" ("the data subject may request, at any time, that the data controller cancel the personal data when he considers that they are not being processed in accordance with the principles and duties established by the Law and these Regulations. The cancellation shall proceed with respect to all personal data of the data subject contained in a database, or only part thereof, as requested"), and the "Restrictions on the Exercise of Rights" ("the exercise of ARCO rights may be restricted for reasons of national security, by laws and regulations of a public policy nature, for reasons of public...
(1) On April 27, 2010, the Mexican Congress filed and published a bill to amend the Copyright Law based on the HADOPI model. The bill aimed to protect copyrighted works through internet services providers (ISPs) covering access, hosting, and other service operations. The purpose of the bill is to implement a three-strikes system that resembles HADOPI 2. (2) Rights holders can ask the Mexican Institute of Industrial Property (IMPI) to request ISPs to render two warnings to users that allegedly infringe copyrights on the Internet. A third strike could be made by requesting injunctive relief (or “preliminary measures”, but it is unclear what court action would follow). ISPs who do not render the warnings are subject to administrative sanctions. This bill requires that ISPs take the high burden of using different measures...
The Law provides a set of rights called “ARCO rights”, that refer to the rights of Access, Rectification, Cancellation and Objection, that data owners can exercise against the processing of their personal data by private parties. In particular, (1) Article 25 provides that "the data owner will at all times have the right to cancel his personal data. Cancellation of personal data will lead to a blocking period following which the data will be erased. The data controller may retain data exclusively for purposes pertaining to responsibilities arising from processing. The blocking period will be equal to the limitation period for actions arising from the legal relationship governing processing pursuant to applicable law. . . .." (2) Article 26, however, clarifies that "the data controller will not be obligated to cancel...