Background and Context
A year ago, the heads of major cell phone service providers faced a dilemma when the incoming government urged them to establish a national user registry. This situation echoed the sentiment that “it’s better to make a bad patch than to have a good fight.” The initial invitation came from José Peña Merino’s team, informing the providers that President Claudia Sheinbaum Pardo was considering introducing a legal initiative to create a national registry.
Four years prior, during the López Obrador administration, a similar proposal failed when the Inai Plenum and opposition senators filed an action of unconstitutionality with the Supreme Court of Justice of the Nation. The court declared the proposal unconstitutional.
Reforms and New Agency
The 2024 constitutional reforms abolished the Inai, IFT, and SCJN. Despite this, the new government avoided another controversy by implementing a pilot project for data collection through the Agency for Digital Transformation and Telecommunications. This was done just before the installation of the new Telecommunications Regulatory Commission, which recently issued guidelines for identifying mobile phone lines.
Guidelines and User Requirements
After a brief consultation period, the Telecommunications Regulatory Commission approved and issued guidelines for line identification. The information will be safeguarded by cell phone companies, and users must present official identification (voter ID or passport) along with a certified CURP.
Government Justification
The government’s rationale for this new national security strategy is to harshly penalize extortion, a prevalent crime committed through phone calls—mostly from state and federal prisons. Experts in criminalistics and telecommunications acknowledge the necessity and feasibility of restricting access to cell phones and satellite connections in correctional facilities, opting instead to link each line to a physical or legal entity.
Challenges and Concerns
The first four weeks of data collection have fueled pessimism and suspicion. Vulnerabilities in the primary telecommunications operator’s platform have been exposed, and an impending crisis of data saturation looms over customer service centers. With nearly 150 million cellular lines to register in five months, the process faces significant hurdles.
Public reluctance to register stems from a lack of perceived security measures and clear guarantees that the initiative will effectively reduce crime while enabling widespread population surveillance.
Data Verification and Protection
Telecommunications companies must verify the collected information with the National Population Registry and generate a folder for each validated line. The question remains: who is responsible for safeguarding personal data?
Data Handling and Responsibility
The primary concern is data management. The Digital Transformation Agency has repeatedly stated that telecommunications service providers bear the responsibility, but it remains unclear if they have contracted companies to gather and process data. The explanations provided contain a troubling mix of concepts, failing to distinguish between generic and biometric data.
Previously, in 2021, a scandal involving alleged extortion of Federación Mexicana de Fútbol directors by two former Inai officials highlighted the issues of distinguishing responsibilities between those who execute tasks and those who are accountable.
Key Questions and Answers
- What is the main issue at hand? The primary concern is implementing a national user registry for cell phone services, which has raised questions about data security, privacy, and the effectiveness of the initiative in combating crime.
- Who is responsible for data management? The Digital Transformation Agency claims that telecommunications service providers are responsible, but it is unclear if they have contracted external companies for data collection and processing.
- What are the concerns regarding data collection? Public skepticism stems from a lack of perceived security measures and clear guarantees that the initiative will effectively reduce crime while enabling widespread population surveillance.
- How will data be protected? Telecommunications companies must verify the collected information with the National Population Registry and generate a folder for each validated line. However, it remains unclear who is ultimately responsible for safeguarding personal data.
- What is the government’s justification for this initiative? The government aims to tackle extortion, a prevalent crime committed through phone calls from prisons, by linking each mobile line to a physical or legal entity.
