Data Security Incidents in Mexico: A quick Guide
Data security incidents are becoming more frequent as technology advances. To ensure the protection of personal data, the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) in Mexico has issued recommendations to companies handling security incidents.
These recommendations emphasize the importance of implementing an incident response plan (“Plan de Respuesta a Incidentes de Seguridad”), communicating with affected individuals, and conducting thorough investigations to learn from past mistakes and preventing future breaches. By following these guidelines, companies can better protect themselves and their customers from the devastating effects of data security incidents.
The incident response plan
Creating an incident response plan is essential for any organization that collects, stores, or processes personal data. This plan should include procedures for preventing, identifying, containing, and recovering from a data security incident. It should also outline the roles and responsibilities of the individuals involved in the incident response, including senior management, IT staff, legal staff, and public relations staff.
A good incident response plan not only helps a company prevent and react to security breaches, but also brings security and reassurance to the persons in charge of responding to a data incident inside the organization. By providing them a clear path to follow, the plan can lead to savings in time, efforts, anxiety, and uncertainty.
Notifying the data subjects
Organizations should inform individuals whose personal data has been compromised as soon as possible after the incident has been discovered. The notification should include a description of the incident, the type of personal data that was compromised, and the steps the organization is taking to address the issue.
The notification of affected individuals is an obligation of controllers, but its benefits go beyond the mere fulfilling of a requirement. Giving data subjects a timely alert on the breach can help limit the damage of the incident, preserve the trust between individuals and corporations, and reduce the costs of mitigation by establishing a friendly communication and preventing litigious actions.
Investigate the incident
You can only improve what you understand. Conducting and documenting an investigation is necessary to determine the cause of the incident and prevent future events. The investigation should identify the scope of the incident, the systems or processes that were compromised, and the potential impact on affected individuals.
One of the goals is to spot any weaknesses in the organization's security controls and make recommendations for improving these controls.
Depending on the legal nature of the data controller, a notification of the breach to the supervisory authority may be necessary. Additionally, the Mexican Banking and Securities Commission (CNBV) has also issued their own guidelines for handling data security incidents involving personal data of financial content.
It does not have to be. FIRST PRIVACY and our expert team can help international organizations with presence in Mexico comply with data protection regulations in a way that is practical, lawful, and harmonized with all the other jurisdictions in which they operate.
Fábio Cavalcante, LL.M.
Senior Privacy Counsel
Phone: +49 421 69 66 32-886