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Ruiz Ahumada Palazuelos - Abogados

On April 16, 2021, the Senate of the Republic approved a decree through which several provisions of the Federal Telecommunications and Broadcasting Law are amended and added (the “Reform”).

The purpose of the Reform, among others, is to create the National Register of Mobile Telephone Users (“PNUTM”), a database containing information of mobile line holders, including, among others, the user’s full name and their biometric data. Said Register will be managed and controlled by the Federal Telecommunications Institute (the “Institute”). The foregoing, to collaborate with the authorities in security and crime-related matters.

I. Information in the possession of the PNUTM

The PNUTM will contain, on each mobile phone line, the following information: (i) cell phone number; (ii) date and time of line activation; (iii) user’s name or corporate name; (iv) nationality; (v) official photo identification number or CURP of the line holder; (vi) biometric data of the user and, where appropriate, of the legal representative of the legal entity; (vii) address of the user; (viii) data of the telecommunications concessionaire or, where appropriate, of the authorized ones; and (ix) mobile phone line contracting scheme (postpaid or prepaid).
II. Registration

The incorporation to the aforementioned register will be mandatory for all users, who must provide official identification, proof of address and their biometric data, for the activation of the mobile phone line service. Likewise, the concessionaires and, where appropriate, the authorized entities, will have to collect and enter this information in the PNUTM.

III. Consultation Mechanisms

The Institute enables consultation mechanisms so that any individual or company can consult the telephone numbers that are associated.

IV. Confidentiality and Data Protection

The information contained in the PNUTM will be confidential and reserved in terms of the General Law of Transparency and Access to Public Information, of the General Law of Protection of Personal Data in Possession of Obliged Subjects and of the Federal Law of Protection of Personal Data in Possession of Private Parties.

V. PNUTM Sanctions

Telecommunications concessionaires or, where appropriate, authorized ones, will incur an infraction in relation to the PNUTM, and will have the obligation to pay the corresponding fine, in the following situations: (i) extemporaneously carry out the registration of a line number mobile phone; (ii) by not registering a mobile phone line number; (iii) by not registering the modifications or not presenting the notices that update the information of a registry; (iv) make improper use of the certificates, documents and other means of identification; (v) altering, omitting, simulating or allowing illegal registrations or notices, registering false data, providing false information or providing information to users or third parties who do not have the right, or not reporting any irregularity having the obligation to do so, or / and (vi) make use of the information, documents or receipts of the PNUTM, to obtain an undue profit, directly or indirectly.
Should you require more information on this note, please contact us at info@rapa.mx.

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