NATIONAL INSTITUTE OF TRANSPARENCY, ACCESS TO INFORMATION AND PROTECTION OF PERSONAL DATA. IS INCOMPETENT BY TERRITORY TO INITIATE THE PROCEDURE OF RECOGNITION OF DATA PROTECTION AGAINST ESTABLISHMENTS THAT ARE NOT LOCATED IN NATIONAL TERRITORY.-
From article 1 of the Federal Law on the Protection of Personal Data in the Possession of Individuals, it is noted that this law is of general observance throughout the Republic and aims at the protection of personal data in the possession of individuals. On the other hand, article 4 of the Regulation of said Law establishes that it will be of obligatory application to all processing when: is carried out in an establishment of the data controller located in Mexican territory; is carried out by a data processor regardless of its location, in the name of a data controller established in Mexican territory; the data controller is not established in Mexican territory but the Mexican legislation is applicable, derived from the celebration of a contract or in terms of international law; the data controller is not established in Mexican territory and uses means located in said territory, unless such means are used only for transit purposes that do not imply a treatment; it also states that in the case of legal entities, the establishment shall be understood as the place where the main administration of the business is located; and in the case of legal entities residing abroad, the place where the main administration of the business is located in Mexican territory, or failing that, the place they designate, or any stable facility that allows the effective or real exercise of an activity. By virtue of this, the National Institute of Transparency, Access to Information and Protection of Personal Data, will not be competent to initiate the procedure for recognition of data protection against a foreign person if it is not accredited that it has a branch or representative office in Mexican territory.
Administrative Proceedings No. 23263/15-17-14-1/1107/16-PL-09-04.- Resolved by the Plenary of the Superior Chamber of the Federal Court of Administrative Justice, in session of April 18, 2018, by a majority of 8 votes in favor and 3 votes against.- Reporting Judge: Alfredo Salgado Loyo – Secretary: Lic. Enrique Camarena Huezca. (Thesis approved in session of August 15, 2018)
F.C.A.J.J. Eighth Era. Year III. No. 26. September 2018. p. 44