The plenary of the Supreme Court of Justice of the Nation (SCJN) unanimously approved the effects of the invalidity of the National Register of Mobile Telephony Users (Panaut), and since the matter has already been judged, it dismissed the unconstitutional action promoted by the Federal Telecommunications Institute against that instrument.
The Supreme Court specified that the effects that the invalidity declared on Monday is on the total of the regulatory changes introduced by the decree by which various articles of the Federal Telecommunications and Broadcasting Law were added and reformed, and this will take effect from the notification of the operative points.
Likewise, the plenary session pointed out that said invalidity is on the total of the precepts added by the reformed norms, in order not to generate a normative vacuum.
In this regard, Minister Norma Lucía Piña Hernández specified that the invalidity of the regulatory portions is to avoid a legal vacuum in the powers of the Federal Institute of Telecommunications.
The plenary session of the Court also determined to dismiss the constitutional controversy 71/2021 promoted by the Federal Institute of Telecommunications, because the rules challenged in this matter had ceased their effects due to the invalidity decreed in the previous matter.
Meanwhile, the organization “Network in Defense of Digital Rights” celebrated the decision of the Supreme Court to invalidate the Panaut.
Luis Fernando García, executive director of R3D, affirmed that with this decision of the Court a precedent is established in the defense of the right to privacy, intimacy and protection of personal data, as well as the rights of access to information technologies, and to the presumption of innocence.
On Monday, the Court invalidated the Panaut, because it did not contemplate the requirement of judicial authorization for access to biometric data of citizens who use a mobile telephone line.