Mexico City – Mexico’s data protection body plans to challenge a controversial new law that requires telecoms companies to gather user biometric data, saying it will argue before the Supreme Court that it violates privacy rights.
The bill, which was approved by the lower house in February and by the senate in April, is aimed at reducing crimes like extortion and kidnapping by making it more difficult for criminals to remain anonymous when purchasing new mobile phones.
The action will be brought by the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI).
“The prosecution of crimes is an issue that should concern us all and the state is responsible for ensuring the safety of the inhabitants, but this cannot and should not be a sufficient reason to restrict freedoms and human rights,” said Adrian Alcala, an INAI commissioner.
Under the law, telecoms companies are required to collect fingerprint and iris scans from customers for inclusion in a database managed by Mexico’s telecommunications regulator. The information would be available for use in criminal investigations.
“Although criminals and terrorists can use prepaid SIM cards to help stay anonymous and avoid easy detection, they can also use internet platforms and other ways to make calls for criminal purposes. There is no evidence to indicate that mandating the registration of prepaid SIM users leads to a reduction in criminal activities,” Lucas Gallitto, the Global System for Mobile Communications’ (GSMA) public policy director for Latin America, said last week.
“It is also worth noticing that prepaid SIM cards are generally the most affordable option on the market, and therefore preferred by low-income populations. The registry could negatively affect the digital inclusion of these segments,” Gallitto added.
On April 21, 2021, Judge Juan Pablo Gomez Fierro blocked the progression of the bill – the first legal hurdle faced by the registry – and that provisional measure could lead to a definitive suspension.
The judge was quoted by local media as saying the registry does not “positively influence” the state’s public security activities.
Sources: Capacity Media – Reuters
