Mexico: Prohibition of Misuse of Personal Data in Hiring Processes

The bill introduced by Senator Saúl Monreal Ávila, a member of the Morena Parliamentary Group, proposes amendments to Articles 3 and 133 of the Federal Labour Law in order to establish the obligation for companies to implement fair and transparent policies, provide staff training, and adopt rigorous monitoring and compliance measures, with the aim of eliminating the practice of the so-called labour blacklist.

According to the explanatory statement, there exists in Mexico a practice affecting many workers, known as the labour blacklist, which is commonly used in recruitment processes to mitigate potential hiring risks by relying on candidates past performance and prior disputes; however, in practice, it constitutes a form of labour discrimination.

Notwithstanding that Article 133 of the Federal Labour Law, in its Section IX, explicitly provides that employers may not use any system that “labels, marks, or blacklists workers who leave or are dismissed from employment so as to prevent their re-employment,” a legislative reform is required to further protect workers from such practices, as it has become increasingly common for individuals to be included in such databases. This also entails violations of their personal data, making it more difficult for them to secure future employment. Any database used to create a “blacklist” of workers with the purpose of preventing their hiring is in direct violation of the law.

The sponsoring Senator points out that the labour blacklist violates various legal provisions, not only under the Federal Labour Law but also constitutional provisions, such as Article 5, which guarantees the freedom of individuals to engage in any profession or lawful economic activity of their choice, without undue restriction unless imposed by a judicial ruling.

Article 16 of the Constitution further provides that every person has the right to the protection of their privacy and personal security, and that no authority may interfere in their private or family life without a duly justified judicial order. The inclusion of a worker in a blacklist without legal justification constitutes a clear violation of this fundamental right, as it prevents the free exercise of the right to work.

Furthermore, the labour blacklist contravenes the Federal Law on the Protection of Personal Data Held by Private Parties, as the use of such records is not based on the explicit consent of workers, and their personal data may be shared without authorization for employment-related purposes.

The initiative states that, to prevent this practice, it is essential for companies to implement fair and transparent policies, train their personnel on the matter, and establish rigorous monitoring and compliance measures. A robust and anonymous whistleblowing mechanism may serve as an invaluable tool to identify and eradicate unlawful practices such as the labour blacklist within organizations.

Based on these arguments, it is proposed to amend Articles 3 and 133 of the Federal Labour Law in accordance with the following draft decree:

 

Single Article. Articles 3 and 133 of the Federal Labour Law are amended as follows:

Article 3. — …

No conditions may be established that imply discrimination among workers on the grounds of ethnic or national origin, gender, age, disability, social status, health conditions, religion, migration status, opinions, sexual preferences, marital status, or any other factor that undermines human dignity.

It is a matter of public interest to guarantee a work environment free from discrimination and violence, to promote and oversee training, instruction, vocational formation, certification of labour competencies, productivity and quality at work, environmental sustainability, as well as the benefits that these should generate for both workers and employers.

 

Article 133. — Employers or their representatives are prohibited from:

 

I.–VIII. — …

 

IX. Using any registry system consisting of the use or dissemination of sensitive personal data, within the meaning of applicable law, concerning workers who leave or are separated from employment, for the purpose of restricting or conditioning access to or continuation in employment.

 

X.–XVIII. — …

 

Entry into Force

This bill was approved by the Senate of the Republic on March 24, 2026. It is currently before the Chamber of Deputies for discussion; if approved, it will be forwarded to the President of the Republic for enactment and publication, to enter into force.