On March 20, 2025, the Decree issuing the General Law of Transparency and Access to Public Information; the General Law on the Protection of Personal Data Held by Obligated Subjects; the Federal Law on the Protection of Personal Data Held by Private Parties; and the reform of Article 37, Section XV, of the Organic Law of the Federal Public Administration (the “Decree on Access to Information and Personal Data Protection”) was published in the Official Gazette of the Federation. This Decree comes into force on March 21, 2025, and abrogates the following provisions:
- Federal Law on the Protection of Personal Data Held by Private Parties, published in the Official Gazette of the Federation on July 5, 2010;
- General Law on Transparency and Access to Public Information, published in the Official Gazette of the Federation on May 4, 2015, and its subsequent amendments;
- Federal Law on Transparency and Access to Public Information, published in the Official Gazette of the Federation on May 9, 2016, and its subsequent amendments;
- General Law on the Protection of Personal Data Held by Obligated Subjects, published in the Official Gazette of the Federation on January 26, 2017; and
- The Agreement approving the Annual Verification and Institutional Support Program for compliance with obligations regarding access to information and transparency by obligated subjects at the federal level, corresponding to the 2025 fiscal year, published in the Official Gazette of the Federation on January 21, 2025.
The Decree on Access to Information and Personal Data Protection is issued in compliance with the Decree published on December 20, 2024, which amends, adds, and abrogates various provisions of the Political Constitution of the United Mexican States concerning organizational simplification (the “Constitutional Reform on Organizational Simplification”). As a result, as of March 21, 2025, the National Institute for Transparency, Access to Information, and Personal Data Protection (“INAI”) is officially dissolved, and all its functions, material and financial resources, as well as its personnel, are transferred to “Transparency for the People” a decentralized body of the newly created Ministry of Anti-Corruption and Good Governance (the “Ministry”), under the administration of Mexico’s current president, Claudia Sheinbaum.
The Constitutional Reform on Organizational Simplification aims to eliminate several autonomous constitutional bodies, including the INAI, which had functioned as Mexico’s regulatory authority responsible for guaranteeing the right of access to public information and the protection of personal data.
The transitory provisions of the Decree on Access to Information and Personal Data Protection establish that, within 90 calendar days of its entry into force, the necessary adjustments to regulations and applicable provisions on access to public information and personal data protection must be issued. Additionally, within 180 calendar days, procedural deadlines and terms for cases pending before District Courts and Collegiate Circuit Courts will be suspended. Furthermore, the Federal Judicial Power is granted a 120-day period to establish specialized courts to hear injunction lawsuits against the Ministry.
At Acedo Santamarina, S.C., we are available to provide advice and address any concerns regarding the Decree on Access to Information and Personal Data Protection and the Constitutional Reform on Organizational Simplification.
