The Federal Law on the Protection of Personal Data held by Individuals (LFPDPPP) has already been in force in our country for a while and after analyzing its application it is my perception that there is still a great lack of knowledge about the subject of the law by the individuals and therefore many obligations emanating from it that individuals are not aware of their compliance by the mere fact of ignorance of it. A recurring question among professionals and companies forced to comply with it is ¿why and for what was this new law issued?
It is common among individuals that when a law like this comes into force is perceived as an increase in the regulatory burden that exists on said company or professional, although it is sometimes considered as a burden, I differ from that perspective since a good protection of personal data and compliance with the law can benefit the core business in the interconnected world we live in.
The right to privacy already existed among the first generation, who protected closed correspondence, prohibited the intervention of communications and deprivation of documents without a judicial mandate. However, the development of technology and its potential to accumulate and process personal information motivated international organizations to analyze and resolve the issue of personal data protection and privacy rights. In order to be in agreement with the international organizations in 2009, our Constitution was reformed, in order to regulate the protection of personal data and to establish the rights to access, rectify and cancel personal data, as well as the opposition to its treatment.
The main objective of the Law is the protection of personal data held by individuals, with the purpose of regulating their legitimate, controlled and informed treatment, in order to guarantee the privacy and the right to self-determination of persons.
However, the need to regulate the collection, exploitation and flow of personal information is obvious in an era in which personal data is an asset with which commercial agreements are carried out and on which business models are built, and in which the means for their processing have increasing capacity and lower cost. The challenge of the law is that such regulation be effective for people whose data they seek to protect, but also efficient, so as not to hinder the development of new business.
In conclusion, the constitutional reforms and the creation of the Law on the protection of personal data are due to international trends in the area of data protection and right to privacy, but also to the global economic sense of protecting the personal assets of different companies or businesses and in our country the law came to stay and to be fulfilled by individuals, so I believe that instead of being seen as a regulatory burden, it should be seen as an investment in the development of the business, which will generate confidence in the client, employees and will improve the business of the company.