Clarification on Home Security Cameras Regulations

In Mexico, security cameras installed in homes for personal use are exempt from strict regulations. The INAI clarifies that fines apply only if data protection principles are violated. Homeowners are advised to post notices to prevent potential sanctions.


Clarification on Home Security Cameras Regulations

The security cameras installed in homes are not for commercial or dissemination purposes, which exempts them from the stricter regulations that apply to banks, businesses, and other establishments. The good news for homeowners is that security cameras installed in homes for strictly personal and security purposes would not be subject to sanctions, as this falls within the exceptions permitted by law.

The law does not punish the domestic use of cameras, as long as there are no commercial or dissemination purposes. It is important to highlight that misinformation about fines applies in cases where security cameras are installed in commercial establishments, banks, or other businesses that handle confidential customer information. The Federal Consumer Prosecutor’s Office (Profeco) confirmed that, according to the Federal Law on the Protection of Personal Data Held by Private Parties, security cameras can only be installed from 'the outside in', meaning they cannot record the inside of other properties without their consent. According to this regulation, individuals could be sanctioned with a fine of up to 320,000 minimum daily wages, which amounts to a significant sum if certain conditions are not met.

To avoid potential sanctions, Profeco recommended placing a sign warning people that they are being recorded, which can serve as a preventive measure to comply with the legislation on the protection of personal data.

In this context, Julieta Del Río Venegas, commissioner of the National Institute of Transparency, Access to Information, and Protection of Personal Data (INAI), clarified that the responsibility for regulating the treatment of personal data held by private parties exclusively falls on the INAI. The Federal Law on the Protection of Personal Data does not establish a specific fine for the installation of security cameras, setting out verification procedures and penalties only if the principles and duties dictated by the regulations on the protection of personal data are violated.

Recently, confusing information about possible sanctions for having cameras in your home was disseminated, causing concern among homeowners and business owners. The regulations are much stricter and more severe penalties are applied if the principles of data protection are violated. In summary, if you have security cameras at home for personal purposes and follow the recommendations to place a warning sign, you should not worry about a fine unless they are used improperly or violate the rights of others. That would correspond solely and exclusively to the INAI, regarding the treatment of personal data held by private parties. Del Río Venegas emphasizes that the information provided by Profeco is incorrect and that the INAI is the only regulator of the Data Law in possession of private parties.