MEXICO Law and Practice Contributed by: José Luis Diaz Badial, Jose Luis Diaz Castañeda and Mario Ivan Peña Padilla, Martinez y de Labra Abogados
7.2 Specific Rules Specific rules and strict principles must be observed when collecting and processing personal data for an internal HR investigation. These are primarily gov - erned by the Federal Law on the Protection of Per - sonal Data Held by Private Parties (LFPDPPP). The HR department must strike a balance between the need for an investigation and respect for employ - ees’ privacy rights. 7.3 Access In Mexico, employees (the data subjects) can access data collected during internal HR investigations by exercising their ARCO rights (right of access, right of rectification, right of cancellation and right of opposi - tion), in accordance with the LFPDPPP. In other words, employees have an undeniable legal right to access their own personal data, whereas access by other parties is restricted by data protec - tion regulations and the confidentiality associated with employment investigations. While employers may collect this data, they cannot provide their employees’ personal data to third par - ties. 7.4 AI The use of AI in internal HR investigations in Mexico is not yet common, but it is being gradually adopted, especially in the automation of processes such as recruitment, selection and data analysis.
For example, if the investigation concludes that no wrongdoing occurred, those who participated as wit - nesses and other areas of the company involved in the investigation must be informed that the investigation is considered closed with respect to that individual as the investigation failed to substantiate the alleged misconduct. 6.8 Disciplinary Measures If the internal HR investigation confirms the accu - sations, the employer may take various disciplinary measures, ranging from a verbal warning to suspen - sion from work without pay for up to eight days (pro - vided this is permitted by the RIT), or even termination of the employment contract in accordance with the LFT. The specific measure taken will depend on the seriousness of the offence. 6.9 Other Measures It is common practice, and often advisable, for employers to implement organisational or preventative measures following an internal HR investigation, even if the initial allegations are not entirely substantiated or proven. The aim of these actions is not to punish, but to address and improve the work environment and prevent future problems. These measures focus on the root cause or the psy - chosocial risk factors identified during the process (such as negative relationships, lack of control, or excessive workloads), not necessarily on individual culpability.
7. Data Protection 7.1 Collecting Personal Data
8. Special Cases 8.1 Whistle-Blowing
An employer is generally permitted to collect personal data for an internal HR investigation, provided that certain legal principles are met. These include having a valid legal basis for the collection, being transpar - ent about the process, and limiting the information collected to what is strictly necessary for the purpose of the investigation. Employment contracts include clauses that protect employees’ sensitive data and specify the purposes for which it will be used.
In Mexico, there is no single, specific federal law that regulates whistle-blower protection in the private sec - tor and covers all situations. However, mechanisms and protections do exist, though they largely depend on internal company policies and legal interpretations, such as those related to workplace and/or sexual har - assment. In the public sector, protections are more structured.
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