On November 28, 2024, Mexico experienced a legislative milestone with the constitutional reform that mandated the extinction of several autonomous bodies, notably the National Institute for Transparency, Access to Information, and Protection of Personal Data (INAI). This reform has marked a significant shift in the Mexican legal landscape, particularly in the areas of transparency and personal data protection. This article will analyze the implications of this reform, as well as the practical consequences for businesses, lawyers, and other key stakeholders in data protection.

Context of the Constitutional Reform

The decree for the extinction of INAI was published as part of a broader constitutional reform process on November 28, 2024. The reform encompassed the dissolution of seven autonomous bodies, whose central role in government oversight and the protection of citizens’ rights had been widely recognized. This change, stemming from a political and social context of reconfiguring the Mexican State, has direct effects on public access to information and the protection of citizens’ personal data.

The New Personal Data Protection Laws

On February 20, 2025, a decree was published in the Official Gazette of the Federation, enacting two crucial new laws: the Federal Law on the Protection of Personal Data Held by Private Parties and the General Law on the Protection of Personal Data Held by Obligated 1 Subjects. Both laws, which came into effect on March 21, 2025, formalize the extinction of INAI and the transfer of its functions to the newly created Secretariat of Anti-Corruption and Good Governance. Although the institutional structure has changed, there are no significant alterations in the rights of personal data holders or in the obligations of those who manage such information. In practical terms, the new laws ensure the continuity of the personal data protection and transparency regime, albeit under a new administration.

Changes in the Appeal Mechanism

One of the most relevant modifications following the extinction of INAI is the change in the resolution appeal mechanism. Whereas previously, INAI’s decisions could be appealed before the Federal Court of Administrative Justice, now the resolutions of the Secretariat of Anti-Corruption and Good Governance can be appealed through amparo trials. These trials will be heard by specialized courts, implying a significant change in the legal procedure and potentially in resolution timelines. For lawyers and legal professionals, this change requires an adaptation in appeal strategies and a review of judicial procedures. Additionally, it could generate a more technical and specialized focus in trials related to data protection and transparency, potentially affecting the timing and predictability of outcomes.

The Centralization of Powers: Risks and Challenges

An aspect of concern is the concentration of INAI’s functions within the Secretariat of Anti-Corruption and Good Governance. This centralization can have implications both for the independence of decisions and for the effectiveness of the personal data protection system. The absence of an autonomous entity exclusively dedicated to data protection could create conflicts of interest and jeopardize impartiality in the oversight of transparency and personal data management. Furthermore, the concentration of powers in a single Secretariat could affect the continuity and independence of the National Transparency Platform, which has been a key instrument for public access to information in Mexico. For businesses, especially those in sectors handling large volumes of personal data, this change could translate into increased uncertainty and greater complexity in complying with regulations.

Implications for the Private Sector

From a business perspective, the reform implies a reconfiguration of the legal framework governing access to information and the protection of personal data. Companies handling sensitive data must be attentive to the new regulations, especially regarding the authorities overseeing compliance with personal data protection laws. The change in the institutional structure could also influence how companies interact with government authorities. The centralization of powers in the Secretariat of Anti-Corruption and Good Governance could result in a more centralized and possibly more bureaucratic approach, potentially causing longer delays in processing procedures or requests related to access to information or data protection.

Challenges in Resolving Pending Matters

Another challenge arising from the extinction of INAI is the resolution of pending matters. All cases not resolved before the institute’s dissolution will be processed by the Secretariat of Anti-Corruption and Good Governance, potentially causing delays in resolution times. Additionally, there is a risk of discrepancies in the criteria used to resolve pending cases, which could lead to inconsistencies in the application of the law.

Conclusion: Reflections and Recommendations

The extinction of INAI and the creation of a new Secretariat responsible for its functions represent a momentous change in Mexico’s legal landscape. Although the new laws ensure the continuity of personal data protection and transparency, the centralization of these functions poses risks to the system’s independence and the efficiency in managing matters related to transparency and access to information. For lawyers and businesses, this change implies a need to adapt to a new regulatory and management framework, with particular attention to appeal mechanisms and potential delays in case resolution. It is crucial to closely monitor the implementation of these reforms and their practical effects, to anticipate and mitigate potential negative impacts on data management and public access to information in Mexico. This analysis should serve as a practical guide for legal and business professionals operating in Mexico, helping them understand the implications of the reform and take appropriate measures to comply with the new regulations.

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