This is what the law says about the controversy over million-dollar fines

Installing a security camera at home or in a business is an increasingly attractive option. The price of security systems makes them affordable, but it is also easy to control them from your mobile phone and they have live alert systems. It is a good way to gain security and are a deterrent against possible crimes. The problem is that it is not as simple as placing a camera wherever we want and starting to monitor: the Data Protection Law comes into play.

It is something that happens in Spainbut also in Mexico, and in recent days controversy has erupted: if you install surveillance cameras, you will face a million-dollar fine. The commotion that has arisen is such that the Government itself has come out to clarify the issue.

The controversy. A few days ago, a popular TikToker posted a video in which he talked about the situation. “Did you know that you can get into legal trouble because of the cameras you have in your business or home?” This is how the video begins, which, with a pejorative tone, accuses the Government of not acting to guarantee the safety of the citizen. Subsequently, and throughout the video, it clarifies the scenario in which these fines can be applied: if the cameras record public spaces or you as the owner disseminate the images.

The seed, however, had already been planted. Media and users used this video to affirm that Mexico could denounce the owners of the surveillance cameras, causing the payment of million-dollar fines: up to 18 million pesos. Some of these media clarified the fact of the dissemination of the images or the orientation of the cameras, but others did not.

The answer. The commotion has been tremendous, so much so that different institutional bodies have rushed to address the issue. They have done it in two ways: one, through the INAI, or National Institute of Transparency, Access to Information and Protection of Personal Data. In a videocomment that they have received several calls asking for information in this regard, commenting on the following:

“The regulated subjects are those responsible who use personal data for purposes of disclosure or commercial prospecting. “If a person has cameras in their home and they do not have that purpose, but are used for personal treatment, the INAI will not impose any sanction.”

The second, during an information section from the Treasury Room of the National Palace in which the Government denied the information. “The Federal Law on Protection of Personal Data held by individuals applies only to private individuals or legal entities that process personal data,” they comment. Basically, the same as the INAI.

Cover of the PROFECO guide

The buying guide. In fact, a few months ago it was the Government itself that published, through a document from the Federal Consumer Prosecutor’s Office, a purchasing guide with cameras for both internal and external use. In this studythey analyze various models, pointing out their pros and cons in a complete buying guide that would not make much sense if they were prohibited.

The keys. But at the end of the document is the key. In a section called “Is the use of security cameras legal in Mexico?”, they confirm that it is. There are nuances: if it is inside a home or pointing towards private property, there is no problem, but if they record from the house to the outside, there are certain rules and restrictions to protect the privacy of others. What must be taken into account, according to the Federal Law on Protection of Personal Data Held by Private Parties, is:

• It must aim to protect assets and facilities, as well as the prevention and detection of crimes.
• Images of people should not be captured without their consent, especially in public areas, unless they are police forces.

When you can face a fine. In the document, the LFPDPPP clarifies that “it is legal to install surveillance cameras inside a property, as long as people’s rights to privacy and personal data are not violated.”

Regarding outdoor cameras, it states that “if you plan to install security cameras, we recommend you notify your neighbors, either by putting up a sign notifying you of the existence of the camera or through a meeting. This ensures that they will be aware that they are being monitored and can take steps to protect their privacy.” However, it is true that there are establishments in which it is illegal to place cameras:

• Dressing rooms, bathrooms and private business rooms.
• Schools.
• Hospitals.
• Churches.

Furthermore, in these last three, use is restricted if you do not have authorization from the authorities. Therefore, it is legal to have a security camera in Mexico if you do not broadcast the recordings and if, pointing to common areas, you warn in advance with a sign or a meeting with people likely to be recorded.

Image | Eufy

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