Mexico’s Incipient Regulation of Artificial Intelligence: A Fragmented Landscape

Web Editor

June 15, 2025

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Introduction

Mexico finds itself in the early stages of regulating artificial intelligence (AI), with numerous legislative initiatives proposed since 2020. However, no federal or local laws have been enacted yet, highlighting a fragmented and uncoordinated approach among various government levels, lawmakers, and autonomous bodies.

Awareness of AI Risks

Although there is growing awareness of the ethical, social, and economic risks associated with AI, Mexico still lacks comprehensive federal legislation to regulate its development, application, or oversight. In contrast, the European Union has established a robust framework (the AI Act), while the United States has opted for differentiated strategies, such as recent state-level moratoriums. Mexico faces the challenge of balancing the urgency to act with institutional caution.

Defining Artificial Intelligence

Though the term has gained popularity, there is no single legal or technical definition of AI. Generally, it refers to computer systems capable of performing tasks typically requiring human intelligence, such as voice and image recognition, decision-making, language translation, or pattern prediction from large datasets. These systems can learn and adapt through complex algorithms, making them powerful tools but also difficult to audit or control. The lack of clarity on what constitutes AI poses a significant challenge for effective regulation.

Many Initiatives, No Laws

According to Iván Vladimir García, a researcher at the Instituto de Investigaciones en Matemáticas Aplicadas y en Sistemas (IIMAS) at UNAM, 58 legislative initiatives containing the term “artificial intelligence” have been presented in Mexico’s Congress between 2020 and 2024. Yet, none have been enacted as law.

García explains in his essay “The Path Towards AI Regulation in Mexico” that the proposals are diverse, covering topics like algorithmic ethics, cybersecurity, data protection, digital governance, and technological sovereignty. However, the efforts have been disjointed and lack binding force.

One ambitious initiative, presented in April 2023 to the Chamber of Deputies, aimed to enact a “Law for the Ethical Regulation of Artificial Intelligence and Robotics.” Inspired by UNESCO recommendations, it proposed a risk-based approach alongside the creation of a National AI Center. However, the project has not been reported or resumed since.

CDMX: A Local Pioneer

At the local level, Mexico City has taken a step forward. In March 2025, INFO CDMX submitted a law proposal to the capital’s Congress to regulate AI use in public administration. The document aims to establish guiding principles such as transparency, data protection, inclusion, accountability, and non-algorithmic discrimination.

“The proposal stems from the need to protect digital rights of individuals facing increasing use of technologies that automate administrative decisions,” explained Guadalupe Morales Rubio, vicepresident of the CDMX Congress’s Directive Board, during the initiative’s presentation.

The project also contemplates creating a Mexico City AI Center, responsible for implementing the law, issuing guidelines, and promoting best practices. However, its scope is limited to local public administration and does not set a roadmap for the private sector or other government levels.

AI Use in Government

As the regulatory framework advances slowly, AI is already present in numerous public sector applications in Mexico. At least 119 technology-based AI applications are used by government agencies for tasks like surveillance, justice administration, health, and public safety, according to a CIDE study.

However, the analysis detected critical transparency issues: there is no clarity on how algorithms operate, which criteria they use, if they have been audited by third parties, or if they respect legal and non-discrimination principles. In many cases, there is no public record of their existence.

Another aspect of the regulatory problem is data protection. The federal law on personal data held by individuals, enacted in March 2025, specifically addresses automated treatment and algorithmic profiling.

Global Comparative Analysis

While Mexico debates its initial proposals, other countries are making clearer progress. By November 2023, governments like those in the European Union, the United States, China, Canada, and Brazil are implementing specific AI regulatory frameworks.

The European case is the most advanced, with legislation classifying AI systems based on risk levels and establishing prohibitions for unacceptable ones. Meanwhile, the United States has taken a different route: in 2025, the House of Representatives approved a ten-year moratorium preventing states from enacting their AI laws, aiming to avoid regulatory chaos and foster innovation.

The moratorium was included as an appendix within a proposed budget package by President Trump and pushed by Republican lawmakers as part of their well-known Big Beautiful Bill Act. The measure has been criticized by academics and activists, who argue it limits local governments’ ability to respond to the social and ethical risks of automation.

Without a clear legal framework, similar to what has happened with other technologies, Mexico risks becoming a passive consumer of foreign-developed AI technologies without the capacity to regulate or enforce alignment with constitutional rights.