They ask to exempt human rights defenders, journalists and groups from the intervention of private communications

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Mexico.- Deputy Jorge Álvarez Máynez (MC) proposed that when there is judicial authorization to carry out private communications interventions in matters of national security, human rights defenders, indigenous communities or vulnerable groups, journalists, associations or groups of civil society or in the lawful exercise in the performance of their functions or their political-electoral rights.

The initiative, which reforms and adds articles 29, 30, 31 and 34 of the National Security Law, was sent to the Citizen Security Commission for analysis and opinion.

It adds that in intelligence actions for public security, any type of intervention in private communications is prohibited, whether through digital or information devices where there is no judicial control procedure and that could constitute a crime by the person who is susceptible to said intervention, in order to collect, obtain, listen to, steal any digital document, conversations in the exercise of their duties or lawful activities in the performance of their work.

Public servants who contravene said provision will be responsible in accordance with the regulations on criminal, civil and administrative matters.

It establishes that intelligence production will not be considered in the case of human rights defenders, indigenous communities or vulnerable groups, journalists, associations or groups of civil society or in the lawful exercise of their functions or those that refers to the exercise of their political-electoral rights.

In the recitals, it refers that during the last three administrations and with the advancement of the use of information technologies, there was an increase in complaints on social networks to demonstrate illegal acts or acts committed by some public servants in a campaign of espionage against human rights defenders. human rights, journalists or people opposed to political parties.

It indicates that the government's intrusion into people's privacy are extremely worrying cases and violate human rights, since in any case there are procedures for interception of private communications where there is suspicion of a crime with a means of judicial control to avoid abuses of authority and with overtones of intimidation to those who have suffered illegally from said espionage.

The Constitution and the legal framework clearly establish the procedure for the intervention of private communications, as well as the judicial control by which its origin must be determined and the cases in which it could occur, determining the temporality and regulation in accordance with respect for human rights and who can do it.

“There is a strict prohibition on spying on people who are dedicated to journalism, human rights defenders, defenders of indigenous communities and their lands susceptible to being affected by the government. In addition, there are public servants who are threatened for exposing cases of corruption within the government”, he adds.

Álvarez Máynez considers that the issue is not minor, especially when it comes to espionage carried out by the Army under the ambiguity of national security or considered as intelligence.

Therefore, it highlights the need to define the cases of intervention of private communications that violate the human rights of people and the privacy of their communications. "These activities severely expose freedom of expression and today it is more worrying because of the evident militarization and we have denounced the risks it poses to the civil institutions of our country."

With information from the Chamber of Deputies

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