Se elimina del Código Fiscal riesgo de vulneración de datos personales
The Mexican Supreme Court recently struck down a provision in the Federal Tax Code that had permitted authorities and private parties to access personal contributor data for identity verification. This ruling, brought about by an action filed by the National Institute for Transparency, Access to Information, and Personal Data Protection (INAI), eliminates the possibility of sharing sensitive information without explicit consent. The decision prioritizes the right to informational self-determination, ensuring that citizens’ privacy and intimate rights are not compromised by demands from the state or third parties. This legal shift underscores the critical importance of protecting sensitive biometric data, such as fingerprints and iris scans, collected during electronic signature processes. By blocking unauthorized data sharing, the judgment prevents potential misuse that could lead to identity theft or privacy violations. The court determined that the previous measures aimed at fraud prevention were outweighed by their detrimental impact on fundamental human rights, thereby establishing a stronger boundary around how personal data is handled by public institutions. This case is highly relevant to open data, as it illustrates the delicate balance between transparency and privacy. Open data initiatives must respect individual rights while promoting government accountability. The INAI’s role as a specialized arbiter demonstrates the necessity of independent oversight to resolve tensions between the right to know and the right to privacy. Such oversight ensures that open data ecosystems do not inadvertently violate fundamental protections, reinforcing trust in both public institutions and digital rights frameworks.
Source: elfinanciero.com.mxPublished on 2023-07-05