Mexico’s Mobile Telephone Users National Registration

Legal debate on the use of biometric data in Mexico

 

On April 14 of this year, the Mexican Senate approved the creation of a Mobile Telephone Users National Registration, to reduce extortion and kidnapping crimes. On this registration, our biometric data: fingerprint, iris, facial features, tone of voice, and signature, will be stored.

 

Consequently, on April 16 of this year, the decree that amended and added various provisions of the Federal Telecommunications and Broadcasting Law was published in the Official Gazette of the Federation, creating the chapter of the ‘Mobile Telephone Users National Registration’.

 

The Mobile Telephone Users National Registration will include the following information on each mobile telephone line:

 

  1. Mobile phone line number.
  2. Date and time of activation of the mobile phone line purchased on the SIM card.
  3. Full name, or the designation of the name or company name of the user.
  4. Nationality.
  5. Official identification number with a photograph or Unique Population Registry Code (CURP) of the line holder.
  6. Biometric data of the user, or the legal representative of the legal entity.
  7. User ’s address.
  8. Data of the telecommunications concessionaire, or the ones authorized.
  9. Mobile phone line contracting scheme, either postpaid or prepaid.

 

A SIM card is a removable smart device used in mobile devices to securely store the subscriber’s service key used to identify themselves to certain networks.

 

To register and activate a cell phone number in the Mobile Telephone Users National Registration and to be able to acquire a SIM card, it will be mandatory for the user to: provide an official identification, proof of residency, and biometric data. The service will be canceled or its acquisition will be restricted when the requested information is not provided. 

 

This reform is a currently valid, and it became active on Saturday, April the 17th of this year; however, a provisional suspension has already been granted regarding this reform, in which the Second District Judge in Administrative Matters of Mexico City exposed human rights violations since it is not considered that there is a relationship between the delivery of personal data, as a condition to have a mobile telephone line and the investigation or prosecution of crimes.

 

They are analyzed as unconstitutional of the sixth constitutional article, which is also related to the second paragraph of numeral sixteen of the Magna Carta, which establishes that:

 

“Everyone has the right of the protection of their data, the exception of which can only be given by reasons of national security, provisions of public order, security, and public health".

 

It is important to emphasize that this provisional suspension (which is expected to be definitive), applies exclusively to the complainant, meaning, the person who filed the lawsuit protection against this reform, and will not apply to anyone else.

 

Nowadays, in México, there is not an effective control over mobile lines, since anyone can buy them without providing any data, or by providing false information.

 

It is considered that before these reforms were carried out, the sale of telephone lines should be regularized and the concession companies of these, regulated to guarantee that all confidential information acquired by consumers is truly protected.

 

You practically share everything that defines you as a person, being able to identify you by any means such as a fingerprint, which is often used to access applications, when the option of a password is not required; for example: accessing your mobile banking account. Nothing guarantees the proper use of our data or that the way they safeguard our data is safe, since they were not provided with the necessary technology to safeguard this information.

 

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