By: América Morales
On January 26th, a thesis was published in the Federal Judicial Weekly which determines how video recordings should be handled in administrative investigation procedures to terminate an employment relationship.
According to this determination, resulting from a review of an administrative investigation procedure initiated by the Mexican Social Security Institute against an employee, video recordings must be notified to employees prior to their appearance; otherwise, they will be considered inadmissible evidence.
This determination highlights the importance of the constitutional right to a hearing, providing the employee with the opportunity to defend themselves before being dismissed, thus respecting their rights and allowing them to provide evidence in their defense.
The main objective of this determination is to guarantee the protection of individuals’ personal data, regulating their legitimate, controlled, and informed treatment, in accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, specifically articles 14, 15, 16, 19, 20, 21, and 27.
The criterion emphasizes the importance of formally notifying the employee, through the Privacy Notice, about the inclusion of video recordings in the investigation procedure, highlighting the importance of having and implementing Personal Data Protection policies; having legal documents authorizing the use of these mainly audiovisual resources by participants, and maintaining a record of such resources, among other aspects.
The lack of these notifications could result in video recordings being considered inadmissible evidence in labor lawsuits, negatively impacting the validity of technological evidence.
In light of this new legal perspective, it is crucial for companies to prepare for the use of video recordings in investigation procedures and adhere to legal obligations by implementing formal notifications to employees.
At Vega, Guerrero & Asociados, we understand the importance of adapting to these changes and offer specialized advice to ensure that your company complies with labor law modifications.
If your company needs advice on how to adapt to these legislative modifications and ensure regulatory compliance, contact us. Our team of experts is ready to provide the necessary guidance and support during this transition period.
