Overview of the Approved Legislation
The Mexican Senate’s unified committees on Public Security and Legislative Studies have approved drafts for the creation of two significant laws: the General Law of the National Public Security System and the Law of the National Investigation and Intelligence System in Matters of Public Security. Critics have dubbed the latter as the “spy law.” These drafts have been handed over to the Table of Directors of the Senate for debate during an extraordinary session, where over 20 initiatives are expected to be analyzed, mostly sent by President Claudia Sheinbaum.
Components of the National Public Security System
The National Public Security System will consist of the following bodies:
- National Public Security Council
- Federal Security Public Gabinete
- National Conference of Justice Prosecution
- National Conference of Public Security Secretariats
- National Penitentiary System Conference
- National Municipal Public Security Conference
- Peace Tables
- Local Councils
- Executive Secretariat
The roles, responsibilities, and functions of these bodies have also been outlined.
Peace Tables and Local Councils
The peace tables are highlighted as platforms for making executive decisions and immediate coordination of federal entities’ security public institutions. Similarly, local councils perform a comparable function at the local level.
Law of the National Investigation and Intelligence System in Matters of Public Security
The primary goal of this law is to establish the purposes and regulation, integration, operation, and functioning of the system in public security matters. It also aims to create mechanisms for coordination and collaboration among institutions, authorities, and entities that make up the system. This is intended to enhance the prevention, investigation, and pursuit of crimes, their causes, and ultimately, foster peace.
The draft specifies that this system serves as a “coordination mechanism contributing to national security and the pacification of the country, adhering to applicable regulations while respecting citizens’ rights.”
Intelligence and investigation are integral to the federal government’s strategies for public security, aiming to build peace.
Principles and Objectives
- Design and execute coordination and collaboration mechanisms to ensure that information from records, administrative records, databases, and other sources is useful for public security intelligence.
- Leverage technology and scientific intelligence tools to consult, access, process, systematize, analyze, and utilize information for creating intelligence databases and products that aid in crime prevention.
The system will have a central intelligence platform managed by the National Intelligence Center (CNI), interconnected with the intelligence systems of public security institutions and the information registers and databases of public institutions.
Structure of the National System
- National Council (directs, decides, and executes strategies)
- Secretariat (coordinates)
- CNI (manages and operates)
Creation of the Subsecretariat of Intelligence and Police Investigation
- Utilize the Central Intelligence Platform for public security intelligence research and investigation.
- Develop intelligence products through effective information exchange.
- Employ analysts, field and gabinete investigators, and technically certified specialists.
- Share gathered information with the Public Prosecutor’s Office for analysis and potential integration into investigation files.
Role of the CNI
- Consult, process, systematize, integrate, analyze, and use information through national system coordination and collaboration.
- Conduct investigations to prevent crimes using technology.
Authorities and private individuals with intelligence systems, databases, records, or administrative records must collaborate with the National System’s organs for consultation, as per the law.
Definitions
- National Information System
- Unique National Identity Platform
- Technical and harmonization criteria
- Criminal analysis
- Intelligence products
The Central Intelligence Platform must commence operations within 180 business days from the law’s entry into force.
