Propuesta Cívica and ContingenteMx request that IFAI begins the verification procedure according to the Ley de Protección de Datos Personales en Posesión de Particulares.
Propuesta Civica is a non governmental organization that, among other objectives, provides legal protection to journalists and human rights defenders in Mexico. A central aspect for the security and protection of journalists is their use of internet platforms to aid their job.
In June 2012, Toronto University’s “Citizen Lab” published research on a spyware software named Finfisher, promoted by the British company Gamma Ltd. to governments to aid on its counterterrorism struggle.
“Citizen Lab” evidenced how some elements of the “Finfisher” software were used to track and monitor human rights activists in Bahrein. In subsequent investigations, the program at Toronto University carried out technical studies to know which computer servers around the world hosted the software.
The countries with servers hosting Finfisher are:Australia, Bahrein, Bangladesh, Brunei, Canada, Czech Republic, Estonia, Ethiopia, Germany, India, Indonesia, Japan, Latvia, Malaysia, Mexico, Mongolia, the Netherlands, Qatar, Serbia, Singapur, Turkmenistan, United Arab Emirates, United Kingdom and Vietnam. In Mexico, the investigation detected a server of internet provider company UNINET, S.A. de C.V. and another one from Mexican company IUSACELL S.A. de C.V, that is located in Malaysia.
Due to Finfisher’s intrusive characteristics, that have been analyzed and demonstrated by Citizen LAB, and the probable violation of Mexican legislation on privacy and data protection, Propuesta Cívica and ContingenteMx have designed a legal strategy to investigate if the software is used in Mexico or if it has access to protected information.
In this act, we solicit the start of the verification procedure included in the Ley de Protección de Datos Personales en Posesión de Particulares.