Analysis and Reflections on the Right to Privacy and Intimity, Your Need Inclusion and Definition in the Political Constitution of the United Mexican States

A fundamental point that occupies us in the present analysis is that contents are framed within the dimensions of the right to intimacy, and to privacy since in this respect there is no clear definition in the Political Constitution of the United Mexican States and the Supreme Court of Justice of the Nation does not clarify both terms either. The improvements in the quality of life that have been reported and the new ways of promoting the dignity of people have found in communication technologies new ways of attacking personal rights by those who use these new media for illicit purposes. They are more difficult attacks to investigate, prosecute and punish given the current technological characteristics and that have generated new phenomena that disrupt the intimacy and privacy of people. Therefore, one of the central themes of this discussion is in the proper definition and limits of intimacy and privacy. Both are fundamental and indispensable rights in the development of the people embodied in the Political Constitution of the United Mexican States. Consequently, it is necessary that these two rights are clearly recognized and defined in the Mexican Constitution and a secondary legislation is created that regulates its limits in a timely manner, considering that intimacy is the reserved or more particular part of the thoughts, affections or issues the interior of a person, which appears in a restrictive sphere that belongs to the most personal nucleus of the individual, while privacy is the right that people have to maintain and confidentially reserve files; records, personal or public databases, but also, privacy would depend on the cultural, political and social context in which one lives, that is, there are countries that are characterized by authoritarian governments with strong restrictions in many personal areas, such as free access to the Internet, freedom of the press, freedom of assembly, free formation of social organizations and freedom of worship.