Financial Crime World

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Mexican Data Protection Agency Warns of Cybersecurity Breaches

Mexico City, Mexico - The Mexican Data Protection Agency has issued a warning regarding cybersecurity breaches, emphasizing the importance of prompt notification to affected parties.

According to the Federal Law on Personal Data held by Private Parties, data controllers are required to notify data owners immediately in the event of a security breach. The notification must include details such as:

  • Nature of the breach
  • Compromised personal data
  • Corrective actions taken
  • Recommendations for data owners to protect their interests

Penalties for Non-Compliance

Failure to comply with regulations aimed at preventing cybersecurity breaches can result in penalties. Article 32 of the Federal Criminal Code holds organisations and companies civilly liable for damage caused by crimes committed by:

  • Their partners
  • Managers
  • Directors

The state is also liable for crimes committed by public officials.

Threat Detection and Reporting

To protect data and information technology systems from cyberthreats, organisations must have policies and procedures in place. These include:

  • Preparing an inventory of personal data
  • Conducting a risk analysis
  • Establishing security measures
  • Training personnel
  • Keeping records of personal data storage media

Organisations are also required to keep records containing personal data for as long as the investigation requires, with particular attention given to sensitive personal data. However, there is no specific requirement to report incidents or potential incidents to regulatory authorities, although organisations must cooperate with government agencies regarding incidents.

Timeline for Reporting

There is no specific timeline for reporting cybersecurity breaches to authorities, although notifications should be made without delay after assessing the impact of the breach on data subjects’ rights.

Reporting Breaches

Rules for reporting threats or breaches that may involve unauthorized use of personal data are contained in the Mexican Privacy Regulations. Data controllers must inform only the affected data subject and provide details such as:

  • Nature of the breach
  • Compromised personal data
  • Corrective actions taken
  • Recommendations for data owners to protect their interests

The principal challenges to developing cybersecurity regulations include the need for clear definitions of terms such as:

  • “Security systems”
  • “Cybercrime”

The Mexican government has proposed a legal initiative to introduce specific provisions into the federal criminal system and adopt the Convention on Cybercrime.