The president of the Supreme Court of Justice of the Nation (SCJN), Arturo Zaldívar Lelo de Larrea, announced that on Monday, April 25, the plenary session will analyze the project prepared by Minister Norma Lucía Piña Hernández, which proposes to invalidate the National Register of Mobile Telephony Users (Panaut) created by the current federal government and which has been suspended since last year.
During his monthly press conference this Wednesday, Minister Zaldívar stressed that this is an important issue.
Minister Piña’s project establishes that the reform of the Federal Telecommunications and Broadcasting Law violates rights by ordering the creation of the National Registry of Mobile Telephony Users (Panaut) that will obtain, collect, store, record and preserve personal data, which as a whole they give an x-ray of the private life of people.
“Given the strong impact that the Panaut generates on human rights to privacy and protection of personal data, and given that the sensitive data of mobile phone users is also affected, it must be concluded that the issuance of the contested decree required a impact assessment on the protection of personal data in terms of the aforementioned General Law, which of the records that make up this file does not show that it has existed. Not having complied with this requirement subjects the rights to privacy, intimacy and protection of personal data to a risk that cannot be guaranteed in light of articles 6 and 16 of the General Constitution”, the project mentions.
The project of Minister Norma Lucía Piña deals with the unconstitutionality action 82/2021 and its accumulated 86/2021, promoted separately by the National Institute of Transparency, Access to Information and Protection of Personal Data (Inai) and various senators from opposition.
“The contested precepts require the processing of personal data, including sensitive data, which, by itself, violates the right to protection of personal data and the right to privacy and intimacy of individuals, since it empties its content absolutely, by exposing, without limitation or legitimate justification, personal data that refer to all people, their attributes and their identity”, it refers.
kg