On November 13, the period of 30 calendar days began to run for the Inai file an action of unconstitutionality against the reforms that will allow the SAT, the tax collection office, georeference the addresses of all taxpayers in Mexico, create a fiscal geographic map and require everyone over the age of 18 that they are registered in the Federal Taxpayers Registry, even if they are people without economic activity.
The Inai, the office responsible for guaranteeing the transparency and protection of the personal data of citizens in Mexico, acted immediately against the so-called “decree” (“agreement”, it is more exact, considering the type of document that generated the controversy) and announced a constitutional controversy. From the publication of the “agreement” of the Executive Power, on November 22, and the decision of the plenary Inai Fighting him in the Supreme Court did not take more than 24 hours.
I hope this controversy is successful. The agreement the Executive will allow the opacity on a lot of works in the field of infrastructure in almost any sector: communications, telecommunications, customs, borders, hydraulic and water works, environment, tourism, health, railways, railways, energy, ports, airports “and those that, due to their purpose, characteristics, nature, complexity and magnitude, are considered priority and / or strategic for national development.”
The democratic life it is rule-based and politicians’ promises are not enough to ensure transparency. I celebrate the defense of strategic sectors, but with citizen comptroller and under a regime of mandatory accountability.
With the same speed with which the Inai announced measures against the “accord” should have acted against the new barrage of the SAT against personal data protection of the citizen. As serious is the lack of transparency in the development of public infrastructure as the disproportionate invasion of private life.
The SAT It has been characterized by climbing the steps of citizen control and surveillance since the mathematician Raquel Buenrostro Sánchez assumed the leadership of that office in December 2019. It is a progressive control that must be stopped.
In 2020 Buenrostro requested to reform the Federation fiscal Code so that he was allowed to photograph the inside of the taxpayers’ homes, something that in the end was not approved in Congress, but he did get the legislators to approve him to profit from our sensitive personal data to offer identity verification services. That time, the Inai acted on time and promoted an action of unconstitutionality which is still in the Supreme Court, Waiting answer.
The new volley came with the reform package for fiscal year 2022, where Buenrostro (through the Secretary of Finance, which is the one that formally requests the changes to Congress) requested and was granted to force all those over 18 years of age to join the Federal taxpayer registration, a database with sensitive personal information such as fingerprints, the shape of the citizens’ faces and the irises of the eyes. It doesn’t matter if you have economic activity or not, everyone will have to register with the same fallacious argument of the privacy invasive governments: supposedly reducing the possibility of tax fraud and identity theft, creating a huge database that will be a delight for cyber criminals.
The second reform that Buenrostro obtained to apply as of January 1, 2022 is to incorporate technology to obtain “georeferencing, panoramic or satellite views” in the verification of the existence of taxpayers’ homes (Article 27 of the Tax Code of the Federation).
“It would be before the intensive treatment of personal data of a high number of holders, including the geolocation of people, a sensitive personal data, and the applicable protection principles could be compromised, among others that of proportionality, which establishes that they should only be collect the appropriate or strictly necessary data for the purpose that justifies the treatment “, gave his opinion on October 27 the Advisory Council of the Inai, a citizen support space created constitutionally.
The package of reforms to the Tax Code was presented on September 10. The reforms were published on 12th of November. The next day the deadline for filing an unconstitutionality action began to run. The Inai He has not said a peep and will possibly avoid his obligation to protect the personal data of citizens by filing an appeal before the Court. To get on the “accord” train, on the other hand, it took the Inai less than 24 hours. Are there priorities?
Editor of El Economista online
Economicón
Journalist. Since 2010 he has edited the digital version of El Economista in Mexico City. Master in Transparency and Protection of Personal Data from the University of Guadalajara. He specializes in telecommunications and information technology law. Your personal blog is Economicón.
Reference-www.eleconomista.com.mx