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Personal Data Protection Law. WMTA – July 20, 2011 Leobardo Tenorio-Malof ltenorio@tplegal.net. Background. Published July 5, 2011. Regulations are still pending. Purpose: Regulate the use of personal data that individuals or companies may have in order to guarantee privacy.
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Personal Data Protection Law WMTA – July 20, 2011 Leobardo Tenorio-Malof ltenorio@tplegal.net
Background • Published July 5, 2011. • Regulations are still pending. • Purpose: Regulate the use of personal data that individuals or companies may have in order to guarantee privacy.
Exemption to the law • Credit companies. • Companies or individuals that collect data for their own use which will not be distributed, divulge or use for commercial purposes. • Do maquiladoras fall within this exemption?
General Overview • Obtaining, using, divulging or storing personal data, in general, needs the consent of the individual to the owner of the information. • Personal Data: Any information from an individual. • Sensible Data: Among sensible data, race, health status, generic information, religion.
General Overview • Presumption of reasonable expectation of privacy . • Obtaining (using ) personal data is subject to the consent of the owner. • Privacy notice is required to be given (certain requirements that need to be met).
General Overview • Any change to the purpose or conditions stated in the privacy notice may require new consent. • Individuals may have access, rectify, cancel or oppose to the personal data. • Companies must designate a department that handles this requests.
Does it apply to me? • Do you collect personal data from individuals or companies? • Do you share that information with any third party? • Do you have a call center? • Do you have measures in place? • Have you prepared the privacy notice?
Leobardo Tenorio-Malofltenorio@tplegal.netwww.tplegal.net(664) 634-2808 Thank you!