Controversy in Mexico around the creation of the National Registry of Mobile Telephone Users
On April 16, 2021, a Bill to amend and add several provisions of the Federal Telecommunications and Broadcasting Law (the “Bill”) to promote the creation of the National Registry of Mobile Telephone Users (the “Registry”), was published in the Federal Official Gazette.
According to the official party bench, promoter of this initiative, the correct operation of the Registry will assure that the information provided by users is properly protected and it is expected to be used as a tool to fight against crime. Nevertheless, this Bill has been highly controversial since it provides the collection of personal and biometric data that are extremely sensitive and require sophisticated technology for its protection.
I. Scope and operation of the Registry
The Registry will consist of a database of the information provided by individuals or entities holders of each mobile telephone line having a number of the Fundamental Technical Numbering Plan and whose sole purpose is to collaborate with the competent authorities in security and justice matters related to the commission of crimes.
The Federal Telecommunications Institute (the “IFT”), shall issue the general administrative provisions for the correct operation of the Registry and shall promote the exchange of information with the security and law enforcement authorities.
The register of the number of a mobile telephone line in the Registry assumes its existence, its belonging to the person appearing in it as its holder or owner, as well as the validity of the legal acts related to the provision of services agreement in its different modalities appearing in the Registry, unless the contrary is proved.
II. Concessionaires’ obligations and collaboration with the IFT
Concessionaires shall have to collect and enter information about identity, biometric data and address of the user of the corresponding line, as well as to provide the information used to integrate the Registry and they will be entitled to suspend the service of the mobile telephone line, if users do not provide the required data.
Besides, concessionaires shall register information regarding registrations, cancellations, and other movements related to the mobile telephone line, to keep the Registry updated.
Moreover, the IFT shall validate and corroborate the information of the Registry in accordance with the applicable computer systems and procedures and, where appropriate, may request the concessionaires to provide relevant clarifications about the registered data. Therefore, the IFT shall enable consultation procedures so that any interested party attesting faithfully its personality may be able to consult only the telephone numbers associated with him.
III. Applicable sanctions to the concessionaires
The Bill states the application of sanctions to the concessionaires that might incur in the following cases:
- Perform the registry of a mobile telephone line number extemporaneously, exceeding the term of two years from the publication of the Bill to comply with the obligations related to the registry;
- Failure to register a mobile telephone line number;
- Failure to register the amendments or present the notices that update the information of a registry;
- Improperly use the certificates, documents and other means of identifications provided by users;
- Alter, omit, simulate or allow illegal registers or notices, register false data, provide false information or provide information to users or third parties not having the right to access, access without authorization to the information of the National Registry of Mobile Telephone Users or not report any irregularity having the obligation to do so; and
- Make use of information, documents or receipts from the Registry, to obtain an improper profit, directly or through a third party.
IV. Controversies
Although in 2009 the creation of the National Registry of Mobile Telephone Users was proposed as a similar tool to the Registry whose purpose was to fight against extorsion and kidnaping crimes, said registry was repealed in 2011, because it did not fulfill its purpose and led to data falsification, stating clear the sensitivity of the collected data and the lack of suitable procedures for its protection.
On April 27, 2021, the National Institute of Transparency, Access to Information and Protection of Personal Data (the “INAI”), approved the agreement to file an action of unconstitutionality before Mexico's Supreme Court of Justice (the “SCJN”), against the Bill since the amendment is in violation of the right to personal data protection, by treating sensitive biometric data and transgressing proportionality, security and legal certainty principles, among others.1 Thus, the SCJN shall proceed to the analysis of the amendment to determine whether it is constitutional or not and if the action of unconstitutionality is approved with at least eight votes, the invalidity of the appealed rules will be declared with general effects. Otherwise, the executed action will be dismissed and the case will be filed.
Furthermore, it is estimated that more than fifty appeals have been filed against the amendment of the Federal Telecommunications and Broadcasting Law most of which have been rejected. However, on April 27, 2021, the first definitive suspension was granted in favor of an individual, which does not mean that the Bill shall be suspended with general effects, but only for the individual or individuals who have obtained said precautionary measure.2
V. Term
The Bill became in force the day after its publication in the Federal Official Gazette. The IFT shall issue the regulatory provisions applicable to the Registry within one hundred and eighty days after the publication of the Bill and the register of new mobile phone users shall be performed by the concessionaires in a term of six months after the IFT issues the applicable provisions. It is expected that the next few months will determine the creation of the Registry and that several actions could be filed and contribute to amend what has already been approved aiming to guarantee the security and protection of users’ rights.
[1] Consultado el 28 de abril de 2021, en la página electrónica del INAI en
https://home.inai.org.mx/wp-content/documentos/SalaDePrensa/Comunicados/Comunicado%20INAI-139-21.pdf
[2] Consultado el 28 de abril de 2021, en la página electrónica del Consejo de la Judicatura Federal en:
http://sise.cjf.gob.mx/SVP/word1.aspx?arch=1302/1302000027907395006.pdf_1&sec=Luis_Hern%C3%A1ndez_Plata&svp=1
http://sise.cjf.gob.mx/SVP/word1.aspx?arch=1301/1301000027925294001.pdf_1&sec=Sergio_Ortiz_Oropeza&svp=1
http://sise.cjf.gob.mx/SVP/word1.aspx?arch=1302/1302000027907395006.pdf_1&sec=Luis_Hern%C3%A1ndez_Plata&svp=1
