On 16 April 2021 an amendment to the Federal Telecommunications and Broadcasting Law was published in the Federal Official Gazette. The amendment introduces a mandatory National Registry of Mobile Telephone Users and took effect on the day after its publication.
According to the government, the registry aims to reduce crime by forcing mobile line owners to register their lines. However, industry experts have expressed concerns that this will not necessarily be the case and that the registry instead puts citizens' personal data at risk, particularly since many crimes are committed through the use of stolen phones or SIM cards.
The registry will consist of a database which includes line owners' names, addresses and biometric data. Such information will be collected by mobile network operators (MNOs) and mobile virtual network operators (MVNOs). Further, where lines are owned by legal entities, the personal data will be that of their legal representative (including biometric data).
The registry will be managed by the Federal Institute of Telecommunications (IFT) to ensure a proper flow of information between MNOs, MVNOs and public safety and law enforcement authorities.
For existing lines, line owners will have up to one year to provide their personal data to the corresponding MNO or MVNO. The penalty for not doing so will be the cancellation of their service. New users will have to provide their personal data when acquiring a service as soon as it becomes operative, which will occur within six months, as soon as the IFT issues the relevant guidelines and technical requirements for the implementation of the registry.
The amendment is particularly controversial not only because its efficacy to fight crime is in question, but also because it entails serious privacy concerns with respect to highly sensitive data (eg, biometrics).
Almost a decade ago a similar attempt was made by the federal administration, although this registry was limited to collecting names, addresses and population registry codes. However, this previous registry faced serious breaches and data was stolen, which resulted in it being shut down.
The amendment is subject to multiple challenges in the federal courts through an amparo action. Further, both the Mexican National Institute of Transparency, Access to Information and Data Protection and the Mexican Federal Institute of Telecommunications have officially confirmed that they will also challenge the amendment before the Federal Supreme Court of Justice.
