The ARC rights are the set of regulations that recognize the rights of each individual to the protection of their personal data, as well as access, rectification and cancellation of the same. Let’s talk more about each of them and how you can exercise them.
Fortunately, we live in a country where the right to personal data protection is recognized as one of the fundamental rights of the individual, finding its bases in the very Political Constitution of Mexico.
As citizens it is important that we know our rights in order to assert them and in that sense I have prepared this content that will explain, in great detail, everything you need to know about the so-called ARCO Rights, how they protect you and how you can exercise them. Join me on this tour where I will help you understand why they are so valuable. Keep reading!
What are ARCO rights?
The ARCO rights are the set of regulations that recognize each individual as the owner of their personal data.s, protecting them through the right to access, rectify and cancel them.
These rights find their foundation in article 22 of the , specifically in the third chapter. In addition to being found in the, in article 16, second paragraph, where it establishes that everyone has the right to the protection of their data as well as to express their opposition in the terms established by law.
This paragraph was added to the Constitution on June 1, 2009, the date on which the ARCO rights as we know them today were established.
What is the right to protection of personal data?
The right to protection of personal data It is the power that the law grants to every Mexican citizen to be the owner of their personal data.in order to ensure the proper use of the same, guaranteeing their right to privacy and the freedom to provide them to whomever the individual wishes.
If you want to know more about the right to personal data protection, I recommend that you take a look at it, with the aim of raising awareness about their importance. It will help you better understand ARCO rights.
It may interest you:
Article
What is the objective of the ARCO law?
The so-called ARCO Law was born with certain objectives in mind, its ultimate goal being to protect the personal data of each personhowever they also aim to empower individuals to:
- Know who, when and where is using and processing your personal data.
- Request that the information that a third party stores about him be modified.
- Get certain personal data stored about him to be excluded or forgotten, as it is considered unsuitable for the purpose for which it was collected.
- Oppose the treatment or processing of your personal data in any way.
- Request respect for the treatment of your data and the handling of the same on any of the platforms, both digital and analog.
What are ARCO rights for?
ARCO rights are very useful, since through them:
- Power is given to individuals over their personal data.
- Individuals are protected from misuse of their information.
- It is possible to control the use of personal data by individuals.
What are the ARCO rights?
ARCO rights take their name from the initials of the four key regulations, which are:
- Access
- Rectification
- Cancellation
- Opposition
Allow me to explain in detail what these four rights consist of according to what is established by the Federal Law on Protection of Personal Data Held by Private Parties.
Also check…
Article
What is the right of access?
The law defines the right of access as the right of the owner of the data to know the information related to their personal data, so that each person can know the status of their information. With this you can verify if your data is correct or updated.
What is the right of rectification?
The right of rectification is the one that each individual has to modify any of their data in case they are correct or incorrect, forcing the individual who owns them to correct them.
What is the right of cancellation?
We can define it as the power that each Mexican citizen has to request that their personal data be suppressed or eliminated from the files, records, files, databases and systems, in case of finding that the treatment and use is not being used properly.
What is the right of opposition?
The right of opposition is understood as the right of individuals to oppose the processing of their personal data in the event that it entails damage or harm to the owner or is being used for purposes other than those established in the privacy notices.
How should the right of opposition be exercised?
To exercise the right of opposition, it is necessary for the interested party to submit a written request to the data controller that includes the necessary information for identification. Later we will see in detail how this and each of the ARCO rights are exercised.
In doing so, the person in charge cannot refuse to attend to the request of the interested party and must stop processing the personal data, unless legitimate reasons are proven that prevail over the interests, rights and freedoms of the interested party.
When can the right to object to treatment be exercised?
it’s possible exercise the right to oppose the treatment in the following cases:
- When the data is processed for marketing purposes, including profiling and the collection of sensitive information.
- When there is a legitimate cause that justifies the cessation of data processing.
- In case of damage or harm caused by the processing of the data.
How can I exercise my ARCO rights?
If you want to exercise your ARCO rights you must follow the following steps:
- Submit a request to exercise ARCO rights to the controller.
- Prove the identity of the holder or that of his legal representative.
- Wait for the term for the attention of the requests.
- Attend to the final resolution of the case.
I explain each of these points in detail.
Create your online store right now
1. Submit a request to exercise ARCO rights to the controller
To exercise these rights in Mexico, it is necessary that you make an exercise request and present it to the person in charge who owns your personal data. In other words, if you want a banking institution to grant you the right to object to your personal data, you will need to take this request to the bank.
What should your request to exercise ARCO rights include?
- Name of the owner of the personal data.
- Right you want to exercise
- Clear description of the personal data where you need to exercise your ARCO rights.
- Description of the right to exercise.
- Place or means to receive notifications.
Depending on the right to exercise, you will need to include certain information in the application:
- In case of exercising your Access rights, you must include the modality in which you wish to be provided with your requested personal data.
- If you will exercise your right to Rectification, it is necessary that you describe the modifications that you request that the individual make in your personal data as well as documents that support your request.
- To exercise your Cancellation rights, do not forget to include the reasons why you want your data to be removed from the files, records or databases.
- If you wish to exercise your right of Opposition, include the causes or the situation that lead you to request the exercise of this right, as well as evidence of the damage or harm that this treatment is causing to you.
👀Eye: The exercise of your ARCO rights is free of charge, so it is not possible that there are additional charges for asserting them. The only charges that can be made are for the reproduction of documents or the sending of information.
2. Prove the identity of the holder or that of his legal representative
In any of the cases, it will be necessary for you to prove your identity, since only you have the power to exercise these rights. To do so you can do it by presenting valid official identifications such as:
- Credential to vote (INE).
- Passport.
- Military card.
- Professional license.
- Driving license.
- Immigration documents.
There are certain particularities to exercise ARCO rights, especially if it is about minors, people in a state of legal incapacity or individuals who have already died. To know in detail the particularities of these cases, I suggest you review the Transparency Committee of the Senate of the Republic.
3. Wait for the deadline for the attention of the requests
Once you have submitted your application, you must wait for the term established by law to attend to your request. The deadline is 20 business days from the day after receipt of your request. The law contemplates 10 additional working days if there are justified causes for said delay.
4. Attend to the final resolution of the case
In the event that your request proceeds, the person in charge has up to 15 business days from the day following the notification of origin.
If your request was not addressed or you are not satisfied with the response given to your request, you can contact the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) requesting a rights protection procedure, with the aim of that the institute help in the resolution of your case and analyze whether or not the response that was granted to you is appropriate.
This request must be submitted within the next 15 business days from the response to the request for your ARCO rights.
When to exercise ARCO rights?
You can exercise your ARCO rights at any time, 24 hours a day, 365 days a year, whenever you consider or can prove that your personal information is being misused, used for purposes not previously established, or you believe that your rights to privacy and data protection.
In conclusion
Now that you know what ARCO rights are and why they are so important, you need to reflect on how you treat your personal data and the possible misuse that could be made of your information. Being responsible for your data is not only a right, but also makes you responsible for how and who uses it. For this reason, it is so important to know how your ARCO rights are exercised and how you can prevent the misuse of your information.
Do you already know Tiendanube? It is the only ecommerce platform that allows you to create your store…
Facebook Comments
Disqus