The Official Journal of the Federation published on June 1, 2009 a decree adding a second paragraph to Article 16 of Mexico's Constitution, which became effective the day after publication. The amendment is designed to raise the privacy protection of personal data to the highest level of Mexico's national legislation. Through this reform, a new Constitutional level guarantee known as the "Guarantee of Protection of Personal Data" is created, which grants and recognizes the rights of citizens to access, correct, cancel or oppose the management of their personal data. The reform not only protects personal data at the Constitutional level, but also assures the national reach of the protection of personal data and information, whether in the public or private sector. Any entity or public or private individual that manages, has access to or provides personal data must provide for its protection and guarantee the privacy rights of the holders of such data. Finally, it is important to note that the amendment introduces principles designed to cover any exceptions to exercising privacy rights, under which such rights would be subject to opposition for national security (such as the integrity, stability and survival of the state), provisions pertaining to public order and safety, (such as the prevention, investigation, prosecution and sentencing of crimes) and public health (such as prevention, control and eradication of health risks) and the protection of rights of third parties. The genesis of the reform is an amendment to Article 6 of the Mexican Federal Constitution published in the Official Journal of the Federation on July 20, 2007, which established for the first time the right to protection of personal data as a right distinct from that of access to personal information. Given the practical implications that could arise from exercising this right, a new regulation will be necessary which, in addition to the Federal Law of Transparency and Access to Public Information, will provide a broader and more regulated treatment of this right, and potential exceptions to such right, imposing sanctions for any violations and providing for criminal offenses for such violations.
On May 29, 2009 the new Organic Law of the Federal Attorney General's Office (Ley Orgánica de la Procuraduría General de la República or by its initials in Spanish, PGR), was published in the Official Journal of the Federation, which substitutes the previous law enacted on December 27, 2002 and formalizes the closing of Mexico's Federal Investigation Agency (Agencia Federal de Investigación or by its initials in Spanish AFI), and creates a new police investigative arm known as the Federal Ministerial Police (Policía Federal Ministerial). In accordance with the new law, new coordination procedures are established with the PGR, and more concrete standards will apply to confront criminal activity in a more efficient manner. The law establishes that the Federal Ministerial Police, which will function as a complementary support agency to the Federal Attorney General's Office, as well as the police departments of the Federal District and various state and municipal governments in Mexico. In addition, the new law creates the position of Ministerial Official (Oficial Ministerial) of the PGR, who will support the Public Ministry and implement recruiting and retention policies for agents of the Federal Ministerial Police. The new law also establishes its own obligations, implementation and sanctions regimes in order to be properly enforced. The new law seeks to create evaluation processes to increase trust within the ranks of federal police officials and subjects agents to background, medical and psychological examinations
On May 28, 2009 various amendments to Mexico's Acquisitions, Leasing and Public Sector Services Law (Ley de Adquisiciones, Arrendamientos y Servicios del Sector Público or by its initials in Spanish, LAASSP) and the Public Works and Related Services Law (Ley de Obras Públicas y Servicios Relacionados con las Mismas or by its initials in Spanish, LOPSRM). These amendments will enter into force thirty (30) calendar days following their publication. With respect to procurement, one of the most important reforms consist of the modification of contract awarding criteria to establish, when two or more feasible proposals have been submitted, a system of "points and percentages" or, as the case may be, a "cost/benefit" analysis. The existing "lowest price" standard will continue to apply in those cases in which the points and percentages or cost/benefit methods are not used, with the understanding that the contract will be awarded to the lowest price according to the terms of a market study carried out by the authorities prior to conducting the bidding process. Additionally, various provisions of the LAASSP have been modified in regard to existing public bidding processes, establishing among other things, the existence of electronic bids to be submitted as proposals through electronic means via the CompraNet (PurchaseNet) electronic system that will be managed by the Mexican Department of Public Function (Secretaría de la Función Pública). The amendments to both laws foresee the participation of citizen witnesses (Testigos Sociales) when the amounts involved in a public procurement process exceed those standards established in each law. In addition, with respect to nullifying contracting procedures, both the LAASSP and the LOPSRM reduce the time period for filing a protest from ten (10) working days to six (6) working days and also establish the basis under which such protests may be filed, as well as conditions that must be met in order to complete a protest filing. Taken together, the amendments to both laws represent an important development, and given the formalities that typically accompany public bidding processes, make it indispensible to analyze the reforms to understand how they might impact a specific public bidding procedure, and especially given the different considerations that may exist in particular procurement practices of Mexican governmental agencies