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LATIN AMERICA ADVISOR

Financial AMERICA ADVISOR

A daily publication Of the dialogue

June 28, 2022

How Will a Court Ruling Affect Bank Privacy in Mexico?

A Mexican Supreme Court ruling confirmed last month that tax authorities could access account holders’ banking information without a warrant. The country’s tax agency, SAT, is pictured. // File Photo: Mexican Government.

Q

A

Eugenio Grageda, partner at Holland & Knight: “Financial institutions in Mexico may only disclose information under very limited exceptions, including in cases where the information is solicited by taxing authorities for a fiscal purpose and when authorities request information through a warrant, such as in criminal cases. There is also a requirement that any action from authorities must expressly mention the reasons and legal grounds to support an intrusion. Considering these three requirements, the Supreme Court determined, as it has done previously, that the unwarranted request from tax authorities for bank statements derived from the tax audit process is constitutional. Its reasoning was mainly twofold: first, although privacy is subject to constitutional protection, such a right is limited by the legitimate interests of other citizens (for example, the benefits of tax collections); second, the legal grounds for the intrusion are satisfied because the law obliges the tax authorities to provide legal grounds to Mexico’s banking authority…”

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ABOUT THE financial services ADVISOR

Covering Latin America’s banking and insurance sectors, remittances trends and data, micro lending issues, new technologies in the industry, anti-money laundering regulations, and much more, the Inter-American Dialogue’s biweekly Financial Services Advisor, a sister publication of the Latin America Advisor, gives readers fresh insight and diverse viewpoints from financial sector leaders. To subscribe or for more information, contact Gene Kuleta, editor of the Advisor, at gkuleta@thedialogue.org.

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Banco de Ahorro y Credito Union

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Verisk Maplecroft

Richard Child
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Ernesto Fernández Holmann
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Ayucus

Desiree Green
Vice President,
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Prudential Financial

Earl Jarrett
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The Jamaica National Group

Barbara Kotschwar
Professor of Political Economy,
Georgetown University

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Inter-American Dialogue

Adalberto Palma Gómez
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Aperture SC

Rodolfo Pittaluga
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Florida International University
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Roberto Teixeira da Costa
Founder & Board Member Emeritus, CEBRI

Mario Trujillo
CEO,
DolEx Dollar Express

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