Background on the Supreme Court of Justice of the Nation (SCJN)
The Supreme Court of Justice of the Nation (SCJN) is Mexico’s highest court for constitutional matters. It plays a crucial role in interpreting the Constitution and ensuring that laws comply with it. The SCJN’s decisions set important precedents for the entire legal system in Mexico.
The Controversial Article 142, Fraction II
Article 142, Fraction II, of the Credit Institutions Law required banks to provide financial information about their users or clients upon request from state attorneys for investigating a crime and determining the suspect’s possible responsibility. The SCJN deemed this provision unconstitutional.
Violation of Privacy Rights
According to the ruling, this portion of the law “violates the right to privacy for criminal investigation purposes.” The decision emphasizes that allowing local law enforcement to interfere with individuals’ fundamental right to privacy is a breach of Article 16 of the federal constitution, which governs when the state can conduct investigations that impact fundamental rights with judicial authorization.
Judicial Authorization as an Indispensable Condition
The SCJN clarified that judicial authorization is a necessary condition to legitimize interventions in fundamental rights, especially those affecting personal privacy like accessing confidential information about suspects or defendants for delinquency verification or penal responsibility assessment.
Impact on Bank Information Access
The ruling ensures that the state’s attorneys must first obtain a judicial order before accessing bank information related to an ongoing investigation. This decision protects individuals’ rights to autonomy and control over their personal data, as they are the only ones legitimately authorized to circulate such information.
Key Questions and Answers
- What was the controversial aspect of Article 142, Fraction II? It allowed state attorneys to access bank account information without a judicial order for criminal investigations.
- Why did the SCJN declare it unconstitutional? The provision violated individuals’ right to privacy for criminal investigation purposes and did not require judicial authorization before accessing personal financial data.
- What does this ruling mean for law enforcement in Mexico? State attorneys must now obtain a judicial order before accessing bank account information related to ongoing investigations.
- How does this decision protect individuals’ rights? It reinforces the right to autonomy and control over personal data, ensuring that individuals are the only ones who can authorize the circulation of their information.
