Fundamental freedoms are always at risk, which is why it has been necessary to translate them into a Constitution and provide institutional guarantees for their protection. However, there is always the temptation of some authorities to restrict such freedoms, the reason is simple: they get in the way of the wicked. purposes they pursue, whether purely personal, economic or political.
Within these fundamental rights is the right to communicate freely, without being spied on, this is what is known as the inviolability of private communications, it is about protecting the privacy and intimacy of people, in such a way that no authority has the right to do so. knowing who or what you talk to, or knowing where you are or what you are doing.
This becomes relevant due to the recent accusations that the Attorney General’s Office of Mexico City (FGJCDMX) was carrying out espionage to the detriment of different people, particularly political opponents and even figures related to the 4T regime, this is the most delicate due to the political and legal implications they imply, among which stand out: a factious and illegitimate use of the institutions, in addition to the fact that the evidence collected may lack legal probative value but may have a high media value to discredit opponents. .
The Prosecutor’s Office has denied such practices and states that they are false accusations in the context of the ratification of the head of that institution. The curious thing about the case is that the other parties involved (operator and judges) have not come out to say anything.
Only after the alleged espionage that the FGJCDMX has incurred, did the data and figures emerge about how the authorities have exercised these powers and how the telecommunications operators resign themselves to providing the information they request due to the fear of being fined, it emerged that in 2017 América Móvil received 57,677 requests from authorities to deliver information about its customers or that ATT between 2017 and 2018 received 26,082 requests from the authority and for having delayed the delivery of information in 9 cases it was fined by the Federal Telecommunications Institute with 4 million pesos, although a fine of 432 million pesos was sought.
Due to the above, it will always be necessary to be attentive to when the authorities want to increase these powers, as well as verify the use they give to such sensitive powers with high interference in the privacy and intimacy of people; Proposals such as user registers, identity cards and biometric controls in authoritarian regimes is the worst possible combination.
For now, it will be necessary to clarify and have absolute transparency in the information that telecommunications operators have shared in compliance with their obligations to collaborate with justice. Although, “after the child was drowned, the well was covered,” an opposition party has already presented an initiative to limit such powers.