Última actualització : 23/11/2014

Status regarding Budapest Convention

Status : Observer See legal profile

Cybercrime policies/strategies

Invited to accede: 1 February 2007

The President’s Office presented the National Digital Strategy in November 2013, an initiative that seeks to contribute to reach the goals on the development of information and communication technologies established in Mexico’s 2013-2018 National Development Plan.

The main purpose of the National Digital Strategy is to facilitate and promote the use of ICT’s across the Mexican society and the government in order to contribute to the social and economic development and improve the quality of life of Mexican citizens. The National Digital Strategy is composed of five strategic objectives, five key facilitators and 23 secondary objectives.

http://www.presidencia.gob.mx/edn/

The National Digital Strategy of the President’s Office does not explicitly contain policies on the adoption of a national cybersecurity strategy, however it includes diverse actions on the subject matter such as the strengthening of the information security mechanisms in ICTs of the Federal Public Administration; the development of projects aimed at generating skills for preventing criminal conducts against children and teenagers, such as cyberbullying, sexting, child pornography and violence acts and promotes the incorporation of better practices to the legal framework in order to prevent risks against society’s integrity and patrimony as well as a constant work of legal harmonization regarding preventive measures for security risks due to the improper use of ICTs or natural situations.

In turn, the 2014-2018 National Security Program establishes as part of its strategies, the development of a State policy in cybersecurity and cyberdefense for protecting and promoting the national objectives and interests. The mexican goverment is currently working on a project on National Strategy for Information Security (NSIS), it seeks to be the main vehicle to guide and coordinate all the activities and actions undertaken by the entities and branches of the federal government in order to identify, neutralize and counteract risks and threats associated to information security, cybercrime and cyberdefense and the protection of critical infrastructures.

Furthermore, Mexico has developed the information security policy on ICT’s applicable to all agencies and entities of the Federal Public Administration, which is established in the Agreement under which the policies and provisions for the National Digital Strategy on Information and communication technologies and information security matters are issued, along with the Administrative Manual for General Application in said matters and its amendments. Likewise, said collegiate body has developed a collaboration protocol between the official CERT-MX -under the umbrella of the Scientific Division of the Federal Police- and different agencies and branches of the Mexican government, in order to address and respond to incidents and threats that could potentially jeopardize national critical infrastructures.

Specialised institutions

The Scientific Division of the Federal Police -an entity of the National Commission of Security from the Ministry of Interior- is the entity in charge of the investigation and prevention of federal crimes. The Scientific Police has a special and outstanding unit on the prevention and countering of cybercrime and child pornography, which also serves as the central point of contact and coordination of cybercrime investigations at the national and international level.

The Scientific Division of the Federal Police has a program to fostering cyber security whose main lines of actions are: (i) the promotion of a culture of prevention of cybercrimes; (ii) strengthen citizenship attention; (iii) creation and compilation of national statistics and data on cybercrime; (iv) entering collaboration agreements to foster the national criminal justice system; and (v) collaboration ad cooperation with foreign cybercrime units in other countries.

The Scientific Division of the Federal Police operates a Computer and Emergency Response Team (CERT-MX), which is currently the official national government CERT. The CERT-MX is the official point of contact with Interpol and the US Department of Justice and its main activities consist of identification and follow-up of cybercrimes and the protection of industrial and critical infrastructures in Mexico.

In addition to the Scientific Division of the Federal Police, there is CISEN (Centre for Research and National Security), which is a federal intelligence centre whose main purpose is to facilitate strategic and operative intelligence that allows for the preservation, integrity, stability and credibility of Mexico. The main role of CISEN is to propose measures to prevent, avoid or dissuade threats and risks to the national security, sovereignty, the constitutional order and the freedoms and democratic liberties of Mexicans. CISEN is part of the Committee on Specialized Information Security (CSIS).

Jurisprudence/case law

Intervention of Private Communications

Tesis Jursiprudencial of the Supreme Court of Justice (Contradiction of Tesis 194/2012 of February 2013) The right to intervention of private communications is extended to data contained in mobile phones of detained individuals subject to criminal investigations. Primera Sala, Libro XVII, Febrero de 2013, Tomo 1 pag. 397.

http://sjf.scjn.gob.mx/sjfsist/Paginas/DetalleGeneralScroll.aspx?id=24226&Clase=DetalleTesisEjecutorias

Tesis Jursiprudencial of the Supreme Court of Justice (Tesis: 1a./J. 115/2012) of October 17, 2012. The SCJN found that when a person has been detained and subject to a criminal investigation, the authority might request the seizure of his mobile telephone and request the judicial authority the intervention of private communications pursuant to Article 16 of the Constitution and if data is obtained from the mobile phone of the detainee without the corresponding judicial authorization, the order shall be considered illicit and shall have no legal validity. http://sjf.scjn.gob.mx/sjfsist/Paginas/DetalleGeneralV2.aspx?id=2002741&Clase=DetalleTesisBL

Sources and links


Tools on Cybercrime & Electronic Evidence Empowering You!

This tool is co-funded  by the GLACY  and Cybercrime@Octopus projects