Last month, Mexico received a formal invitation of the Council of Europe to accede to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (“Convention 108”) and its Additional Protocol regarding Supervisory Authorities and Transborder data flows.
Convention 108 was held within the Council of Europe in 1981, and plays, without a doubt, a key role in the development of the protection of personal data worldwide, as it was the first, and until now, the only international binding Treaty on data protection.
The Convention establishes principles for the protection of personal data, rules regarding the transfer of personal data between Parties to the Treaty, and provisions that enable international cooperation.
It should be noted the invitation received by Mexico to accede to Convention 108, does not imply its accession to it, rather, internal procedures must be followed for its accession and ratification, which could bring amendments to the current legal framework.
Mexico’s accession to Convention 108 would have a positive impact on the development of the protection of personal data in the country, as well as on trade relations between Mexico and other Parties to the Convention; as it would facilitate data flows between them. In addition, data subjects would benefit with the Convention since it provides mechanisms for the effective protection of personal data and exercise of rights within the countries Parties to Convention 108.
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