Mexico (Non-)Adequacy to European Standards on Personal Data Protection in the Context of Employment

Abstract

This article analyses the main standards and regulations put in place by the European Union (EU) and the Council of Europe with respect to the privacy and personal data protection of workers. It demonstrates that there is a current tendency toward the establishment of specific rules aimed at strengthening employees’ rights vis-à-vis employers’ interests. It also shows that there is a preventive rather than a reactive approach in the European model. However, this article argues that, albeit strongly influenced by Europe, the Mexican legal framework on personal data protection does not follow this trend, due to legislative asymmetries between the public and private sector, as well as the lack of specific regulation in this field. Chile, Privacy, Constitutional Law, Personal Data, Private Communications, Informational Self-Determination