Tuesday, October 4, 2022
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Clients are saved from giving their data to telephone companies

Cell phone users will no longer have to deliver personal or biometric data to mobile phone companies, after the Plenary Session of the Supreme Court of Justice of the Nation (SCJN) ruled that the National Register of Mobile Phone Users is unconstitutional (PANAUT) because it represents a risk to the right to privacy and intimacy.

“With this setback of the SCJN, the users will no longer be required to provide their personal data and biometrics to telephone companies,” Gerardo Flores, a member of the Telecommunications Law Institute (IDET), said in an interview.

He added that if the PANAUT had been followed, it would have allowed companies to have a data collection of 130 million users of mobile lines.

“As an instrument, the PANAUT was poorly designed because it required users to provide their personal and biometric data, which represented a very big challenge for the government and the telephone companies, since 83 percent, around 109 million people, are prepaid users,” said Flores. .

Yesterday, the IDET recalled that before the omission to register in the registry, the foreseen consequence was the permanent cancellation of the telephone line of the user in question.

“One of the main problems is that it proposed the permanent cancellation of mobile lines and overlooked the fact that 83 percent of mobile lines are prepaid,” the Institute said in a statement.

He added that with its action the SCJN set a very relevant precedent for future intentions to create registers that contain sensitive information of telecommunications users from the country.

For its part, the National Institute of Transparency, Access to Information (INAI), which had filed an action of unconstitutionality in May 2021, recognized the determination of the SCJN when considering that PANAUT violated the rights to private life, intimacy , personal data and identity.

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