Last week, the Mexican Institute for Federal Access to Information (IFAI) hosted an event in Mexico City to discuss the recently-announced “Parameters of Self-Regulation for the Protection of Personal Data.” FPF participated in this workshop along with representatives from the Mexican government, TRUSTe, EuroPriSe and the Better Business Bureau.
As described in opening remarks by the Secretary for Data Protection, under the new regulation, IFAI now has the authority to recognize codes of conduct for data protection and has developed a process through which an organization can be recognized as a certifying body for these codes. Under the new regulation, the Mexican Accreditation Agency will make a determination on applicant organizations against a set recognition criteria. Successful applicants will then receive formal recognition as certifying entities from the Ministry of the Economy.
This approach mirrors the process developed as part of the Asia Pacific Economic Cooperation’s (APEC) Cross Border Privacy Rules (CBPR) system in several key ways. First, the certifying organizations contemplated under this approach serve the same function as “Accountability Agents” under the CBPR system. In addition, both approaches require a formal recognition based on established criteria. And second, the standards to which these organizations will be certifying companies are both keyed to Mexico’s Federal Law on the Protection of Personal Information (the legal basis for Mexico’s participation in the CBPR system). Given these parallels in both process and substance, a company that receives CBPR certification in Mexico should also be able to attain recognition under this approach. But perhaps most importantly, CBPR certification should allow a company to avail itself of the incentives offered under Mexican law.
Article 68 of the implementing regulations of the privacy law encourages the development of self-regulatory frameworks and states that participation in a recognized framework (such as the CBPR system) will be taken into account in order to determine any reduction in sanctions determined by IFAI in the event of a violation of the privacy law.
What makes this development so critical to global interoperability is that it serves as a model for other APEC member economies to consider how an enforceable code of conduct based on an international standard can be successfully incorporated into a legal regime – including extending express benefits to certified companies. It remains to be seen how other APEC economies will manage this task – but Mexico’s approach offers a promising start.
-Josh Harris, Policy Director