On February 3, 2021, the resolution of the Transparency and Anticorruption Commission of the House of Representatives was published in the Parliamentary Gazette, approving the amendment to Section X of Article 3 of the General Law for the Protection of Personal Data in Possession of Governmental Entities (the «Law»). The Law is applicable at all levels (federal, state and municipal) to any authority, entity, agency, and organization of the Executive, Legislative, and Judicial branches of the government, political parties, trusts, and public funds.
The amendment to the Law seeks to modify the definition of sensitive personal data in order to make it broader and adapt such definition to the technological changes that the country has undergone and that have allowed the processing of additional and different personal data. By virtue of the foregoing, such amendment includes as sensitive personal data the religious, philosophical or moral convictions, union affiliation, information related with the sexual orientation, and biometric information intended to univocally identify a person.
Finally, it is important to mention that, unlike the Law, the Federal Law for the Protection of Personal Data in Possession of Private Entities does not mention biometric data as sensitive personal data, and an amendment to such law to include the same has not yet been proposed.