National Guard’s Deputy Chief to Surveil, Prosecute Cybercrime

On Thursday, Sept. 28, General Commissioner of the National Guard, David Córdova Campos, signed an agreement to establish an Investigation and Intelligence Deputy Chief, who will focus on enhancing the identification, prevention and prosecution of cybercrimes in the country. While this Armed Forces’ appendix may ensure a more efficient way to prosecute crimes related to the digital realm, the excessive surveillance granted to this deputy chief raises concerns among Mexican citizens. 

According to the Official Gazette of the Federation (DOF), the Mexican National Guard will be allowed to “carry out surveillance, identification, monitoring and tracking actions on the public internet network in order to prevent criminal activities." Moreover, the agreement will grant the Investigation and Intelligence Deputy Chief with authority to collaborate with both national and international law enforcement agencies, as well as non-governmental organizations to bolster their cybersecurity efforts. However, the agreement is unclear on the specific circumstances in which such authority will be exercised, raising concerns regarding potential power abuse.  

The agreement stipulates that the Investigation and Intelligence Deputy Chief will operate under the umbrella of the General Coordination Police, a strategic maneuver designed to foster seamless coordination among various branches of the organization. This structural realignment is anticipated to result in a more efficient, streamlined and responsive National Guard, well-equipped to address contemporary security challenges. Nevertheless, the faculties granted to the Investigation and Intelligence Deputy Chief are expected to raise similar concerns to those expressed against the Cybersecurity Law proposed by PAN’s Senator Ignacio Loyola, which proposed granting excessive surveillance power to the National Guard. 

Despite expressing its commitment to deploy effective intelligence operations, the Investigation and Intelligence Deputy Chief has been recently empowered to intercept private communications to fulfill its responsibilities, effectively violating Mexicans data privacy and reducing their access to information. Furthermore, the Deputy Chief's personnel will be tasked with vigilant oversight of critical systems and databases in order to ensure national cybersecurity. 

Ideally, the Investigation and Intelligence Deputy Chief will play a role in fostering cooperation and coordination in the exchange of vital law enforcement information with both domestic and international institutions. This collaborative approach is pivotal in carrying out one of the Deputy Chief's primary responsibilities, which revolves around overseeing research, intelligence and administrative services pertaining to cybercrimes committed within the country. Moreover, this collaborative approach could effectively deter the excessive power granted to the Deputy’s Chief, as domestic and international institutions could help in mitigating the organization’s surveillance intentions. 

As this initiative unfolds, it is imperative for authorities to maintain transparency, clearly define the scope of surveillance activities and ensure robust oversight mechanisms to safeguard citizens' rights, while fortifying the nation's cybersecurity infrastructure. Achieving this equilibrium will be pivotal in navigating the evolving landscape of digital threats and protecting Mexico's digital domain.