GP&H Suite


GP&H Suite

26 May

Legal actions against the Padron Nacional de Usuarios de Telefonía Móvil (PANAUT)


During the past month of April was approved for the Senator Chamber the creation of Padrón Nacional de Usuarios de Telefonía Móvil (PANAUT), which consists basically in a database with the information of the users of every telephone line across the country for exclusive use of the authorities.

The controversy reform to the Ley Federal de Telecomunicaciones y Radiodifusión was harshly criticized for individuals and law professionals because of the personal interpretation given by many that may result even unconstitutional in many different ways, mainly because the lack of guarantees to protect the personal data given and the grant of this personal data in hands of a third party involved.

In protection against this reform, the law foresees the Constitutional Trial, as a legal way to present the Authority the grievance caused by this reform.

The legal term to file the Constitutional Trial, counted from the day of the publication, expires on May 31st 2021. Also, in case the Trial were solved against there is an option to file a Review resource in order to the case to be studied by another authority and proceed with the definitive suspension of the facts that motivate the filling of the claim.

However, assuming that any particular acquires a telephone line after the day the term expires to file the Constitutional Trial mentioned before, the legal term to file a new one is 15 days counted from the day the line was acquired and it should be file before the competent authority.

From the other side, if any National Authority foresees that the mentioned reform results against our Constitution this may, by their own, file an Unconstitutional Action before the competent authority in order to expose their arguments and try to get declared against the Constitution.

Antonio Quiroga

Gloria Ponce de León & Hernández

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