Why this matters?
On 16 July 2025 the Mexican Congress amended the General Law on Forced Disappearance and the General Law of Population to strengthen the search for missing persons. Although the objective is humanitarian, the reform creates direct, day-to-day obligations for every employer that stores personal or biometric data about workers, contractors or visitors.
Key labour-facing obligations
| New employer duty | Practical implication | Non-compliance risk |
|---|---|---|
| 1. Collect and verify the biometric CURP for employees, applicants, contractors and visitors once issued. | Update hiring forms, onboarding checklists and access-control procedures; validate authenticity through the forthcoming Single Identity Platform. | Fines of 10,000–20,000 UMA; inability to complete official procedures (IMSS, INFONAVIT, federal HR). |
| 2. Provide immediate access to any biometric or identifying databases (time-clock logs, access cards, CCTV, medical files) when requested by a prosecutor’s office with a valid case number. | Create a 24/7 response protocol: designate a custodian, log data extractions, preserve chain of custody and encrypt transfers. | Economic and administrative sanctions; joint liability if the investigation is obstructed |
| 3. Governance of personal data under the principles of legality, necessity, and proportionality. | Review privacy notices, legal bases for processing, and retention periods; implement traceability controls and encryption. | Procedures of the data protection authority; collective actions by employees. |
| 4. Internal policies for prolonged absences that may constitute disappearance. | Include in regulations and manuals: reporting channels, contact with family/‘social family,’ immediate liaison with the prosecutor’s office, and preservation of payroll/benefits at the start of the investigation. | Reputational risk, complaints to the Ministry of Labor and Social Welfare (STPS), and litigation for discriminatory treatment or unjustified termination. |
| 5. Mandatory training for security and HR personnel on search protocols and data protection. | Schedule training courses for HR managers, security guards, and IT personnel before the federal platform becomes operational | Labor fines (Articles 994–995 of the Federal Labor Law) and administrative penalties if the work of the authorities is obstructed |
Immediate Checklist for Employers
- Biometric data mapping: identify all systems that collect fingerprints, facial images, voice, or identification records.
- Update records: request each person’s biometric CURP as soon as it is issued by the authority.
- Protocol for responding to requests: define those responsible, response times, and confidentiality safeguards.
- Adapt privacy notices: explain the purpose of cooperation with search authorities and retention periods.
- Train and document: keep records of the training provided to key personnel; it will be useful in the event of audits.
The humanitarian issue translates into specific employer obligations that combine labor law, data protection, and corporate security. Being proactive will reduce the risk of fines and litigation. At Vega, Guerrero & Asociados, we have a multidisciplinary team that can:
- Diagnose the handling of biometric data within your organization.
- Redesign intake forms, contractual clauses, and privacy notices.
- Develop protocols for interaction with prosecutor’s offices and search commissions.
Contact us for a review and ensure compliance before the biometric CURP becomes mandatory in all labor procedures.
