The “Federal Cybersecurity Law” initiative presented by deputy Javier Joaquín López Casarín in April 2023, proposes the creation of a legal and operational framework for new cybersecurity authorities and the definition of crimes, homologated with those provided for in the Budapest Convention .
The Budapest Convention of the Council of Europe of 2001 aims to establish an international legal framework for cooperation on cybercrime. Mexico only has the status of observer country, since it has not ratified the Convention. The States Parties must implement two specific issues: i) Classification of crimes related to cybersecurity and ii) Give the competent authorities tools and powers to investigate and punish the commission of these crimes.
In this sense, the bill proposes the creation of new crimes and institutions such as the “National Cybersecurity Agency” and a prosecutor’s office specialized in cybercrimes. In addition, it grants powers in cybersecurity to the Secretariat of National Defense and the Secretariat of the Navy, and proposes the appointment of judges specialized in this area.
The bill also establishes obligations for individuals, among others, the notification of cybersecurity incidents, the presence of a legal representative in Mexico, and creating response units for cybersecurity incidents.
This initiative is currently in the Chamber of Deputies in the United Commissions on Citizen Security, and Science, Technology and Innovation for an opinion. Therefore, if a favorable opinion is obtained, it could be discussed in the Chamber of Deputies in the current period of sessions that runs from September 1 to December 15. Likewise, civil society and private industry have expressed concerns about the possible human rights violations that its implementation could generate. The proposed law would substantially modify the legal framework for authorities and private individuals, so its discussion must be closely followed. The information technology and data protection area is at your service.
For more information contact:
Juan José López de Silanes | Partner Basham, Ringe and Correa | lopez_de_silanes@basham.com.mx
