The minister of the Supreme Court of Justice of the Nation (SCJN) Norma Piña Hernández proposes to declare the invalidity of the entire decree by which the National Registry of Mobile Telephony Users (Panaut) is created, considering that it violates human rights .
The minister explained in the resolution document that given the strong impact that the Panaut generates on human rights to privacy and protection of personal data, it must be concluded that the issuance of the contested decree requires an impact assessment on data protection. personal.
“Not having complied with this requirement subjects the rights to privacy, intimacy and protection of personal data to a risk that cannot be guaranteed,” the minister stated.
The declaration of invalidity will take effect from the notification of the operative points of this sentence to the Congress of the Union and the resolution will be published in the Official Gazette of the Federation.
Minister Piña’s decision is the result of draft resolution 82/2021 of the unconstitutionality action that was promoted in May of last year by the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) and various senators last year.
In the action of unconstitutionality, the INAI argued that the Panaut will violate the rights of citizens by obtaining, collecting, storing, registering and preserving personal data that as a whole give an X-ray of the private life of people.
In addition to the INAI, the Federal Institute of Telecommunications (IFT) decided to launch a constitutional dispute, since it considered that creating the Panaut goes against its powers, such as guaranteeing the rights of access to telecommunications services.
The creation of the National Registry of Mobile Telephony Users (Panaut), which would force the 129.8 million users who have a telephone line to provide their personal and biometric data.
In addition, the Federal Telecommunications Institute (IFT) would be in charge of creating the mobile telephony register while operators such as Telcel, AT&T, Telefónica and virtual mobile operators must share information about their users.
According to the decree, telecommunications concessionaires such as Telcel, AT&T or Telefónica will be fined for extemporaneously registering telephone lines, for which they could pay from 1,792 pesos to 4,481 pesos.
In addition, for not registering a telephone line or for not updating the Register, companies must pay from 44,810 pesos to 89,620 pesos. While for making improper use of the database, the companies will be sanctioned by 896,200 pesos up to 1,344,300 pesos.
