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AI Policy Generator

Worker monitoring in Mexico: related rules

Using AI to track workers' activity, productivity, location, behavior or state through cameras, software or sensors. It clashes with privacy and dignity, so it requires proportionality and prior notice, and in the EU inferring emotions is banned.

Risk classification

JurisdictionLevelDateNote
MexicoSector rules—NOM-037-STPS-2023: telework policy with data protection where applicable.

Obligations related to this use case

Telework policy with data protection

NOM-037 teleworkNOM-037-STPS-2023, numerales 5.1, 5.2 y 6.6; Apéndice 1 (informativo)In force

Already applicable

When it relates
If you have staff teleworking more than 40% of their time and use work monitoring or management tools, including AI-based ones.
What the rule provides
  • Have a telework policy with data protection and information security rules.
  • Tell teleworkers which supervision mechanisms are used and respect their privacy and right to disconnect.
  • Keep the list of teleworkers.
Typical evidence
  • Signed and communicated telework policy.
  • List of teleworkers.
Verification
Verified in the official source on November 4, 2026Checked in the DOF: item 5.1 (up-to-date list of remote workers), 5.2 (written telework policy, with monitoring mechanisms that respect privacy and disconnection), 6.6 (employer's data protection policies) and Appendix 1 (informative). Effective 180 calendar days after publication (Dec 5, 2023). Fines come from the Federal Labor Law per secondary sources. It is not an AI rule; it is included because it calls for data protection rules in remote work, where AI and monitoring tools are common.

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