Background
A) On March 20th, 2025, it was published on the DOF the Decree enacting the General Law on Transparency and Access to Public Information; the General Law on the Protection of Personal Data Held by Obligated Subjects; the Federal Law on the Protection of Personal Data Held by Private Parties; and amending Article 37, Section XV, of the Organic Law of the Federal Public Administration (the “Decree”).
B) Under the Twentieth Transitory Article of the Decree, the Federal Judiciary (Consejo de la Judicatura Federal) was granted a maximum period of 120 calendar days to create District Courts and Collegiate Circuit Courts specialized in these matters. It also established a 180-day suspension of ongoing amparo proceedings related to these subjects.
C) In compliance with the Twentieth Transitory Article of the Decree, the Federal Judiciary Council (Consejo de la Judicatura Federal) conducted a national analysis to identify viable judicial bodies for these matters, concluding with the designation of the District Courts and Collegiate Circuit Courts of the Thirtieth Circuit, based in Aguascalientes.
Key Points of the Resolution
1.- Start of specialized jurisdictional functions: As of July 1st, 2025, the District Courts in the State of Aguascalientes and the Collegiate Circuit Courts of the Thirtieth Circuit, based in the same entity, are formally designated to exclusively handle amparo proceedings related to access to public information and personal data protection.
This means that, from that date forward, any federal amparo lawsuit related to these matters must be filed and processed before the designated courts, regardless of the origin of the challenged act.
2.- Jurisdiction in second instance: The Collegiate Circuit Courts of the Thirtieth Circuit will also hear all appeals filed against first-instance rulings issued by the District Courts in these matters, including:
- Appeals against amparo judgments,
- Suspension incidents (provisional or definitive),
- Challenges raised by judges or magistrates.
We consider this centralized design aims to unify judicial criteria and strengthen the specialization of federal courts in handling rights related to transparency and personal data. This could be a favorable measure, as it would take advantage of the judges’ expertise in the matter, which, in light of judicial elections, proves to be necessary.
3.- Case assignment: The Common Correspondence Office in Aguascalientes, which manages the reception and distribution of judicial matters for the courts in that district, will be responsible for assigning cases in these matters to the designated courts under the Resolution.
This measure ensures that new cases related to transparency and personal data protection are directed to the specialized courts.
4.- Transfer of ongoing cases: All ongoing cases before federal courts across the country concerning access to public information or personal data protection must be transferred to the courts in Aguascalientes starting July 1st, 2025.
This includes amparo proceedings filed before the Agreement’s effective date that are still pending. The goal is to concentrate jurisdiction in the newly designated courts, ensuring a specialized approach at any stage of the proceedings.
5.- Statistical monitoring: The Executive Secretariat for the Creation of New Judicial Bodies will be responsible for ongoing statistical monitoring of the workload of the designated courts based in Aguascalientes.
This monitoring will allow the Federal Judiciary Council (Consejo de la Judicatura Federal) to assess whether the concentration of jurisdiction in these courts is appropriate or if adjustments are needed in the future (e.g., enabling more courts or decentralizing geographic jurisdiction).
Initial Considerations and Recommendations
The Resolution introduces a new judicial framework for amparo proceedings related to access to public information and personal data protection by concentrating jurisdiction in specialized federal courts based in Aguascalientes.
Although this change operates within the judicial sphere, it has direct implications for private sector companies that, as data controllers, may be involved in such proceedings.
This new structure aims to:
- Ensure more technical, consistent, and predictable decisions,
- Standardize judicial criteria on highly sensitive issues,
- Strengthen the enforcement of data subjects’ rights.
Recommendations for Companies and Private Entities
1.- Review and update their privacy policies, ensuring that privacy notices, procedures, and internal controls are fully aligned with the current legal framework.
2.- Strengthen compliance and response mechanisms, including effective processes for handling ARCO rights and clear protocols for managing and reporting data security incidents.
3.- Train key departments involved in personal data handling—such as legal department, human resources, and IT teams—to ensure they are continuously updated on their obligations and responsibilities.
4.- Continuously assess their legal and reputational exposure related to personal data processing, implementing preventive and corrective measures to reduce risks and vulnerabilities.
In an increasingly stringent regulatory environment, proactive compliance and prevention are essential to mitigate legal risks and protect operational continuity with the highest legal integrity. Judicial specialization in these matters underscores the need to act with diligence, precision, and strategic foresight.
We remain at your service to assist in reviewing, updating, and strengthening your policies and processes, as well as in any legal matters related to personal data protection and transparency, including handling legal proceedings before the new specialized courts, in accordance with the applicable legal framework.
