Rodolfo Guerrero is a young Mexican lawyer, whom I had the great pleasure of meeting last year, having specialized in computer law, human rights and immigration law. Rodolfo is also a legal representative and founding partner of Coffee Law SC
On the other hand, he conducts the specialized Coffee Law and Legal Perspectives program on Radio CUCEI at the University of Guadalajara, where he has had the opportunity to talk with renowned specialists in law and other social sciences on issues of current relevance.
In this interview, Rodolfo Guerrero tells us about the current situation and challenges of digital education in Mexico, being this country one of those that has been at the forefront in terms of regulations that are intended to establish clear rules for digital innovation, such as the law FinTech. He will also tell us about the legal problems surrounding computer security or cybersecurity.
Tell us how important is digital education?
Digital education today represents not only a need for knowledge for citizens who live every day putting their digital identity at risk, as an example of this, we find that most people create a fingerprint without even knowing it, but also a obligation of implementation by the Government and private initiative to generate progress in the correct use of Information Technology.
In the government sector we can say that the Protection of personal data has been working in the last ten years, since the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) and the Institute of Transparency and Information Jalisco Public (ITEI) have maintained an avant-garde status; however, the citizen continues with the potential risk of being a victim of identity theft or suffering any other computer crime.
And as for the private sector, the challenge is continuous, since they must respect the data that users provide them, either when entering their websites to request a service, or to click through an advertisement that you have advertised on social networks, and that this is not a hoax.
Would you consider that lawyers should have a special training in technology? For example, they begin to educate in the faculties of the right to program or develop applications.
Of course, obviously it does not mean that they are engineers too, but it does have a general notion of how much scope a new product has in the technological field such as a cell phone, video game console, laptop, since with the internet of things and the big data, coupled with the spying issue, you should not be ignorant.
And, definitely, in the matter of evolving the curriculum, of teaching, in the teaching model, the lawyer should be considered to promote the creation of apps, which create his website thus facilitating the flow of information, interconnection, and of course taking care of user data.
Currently, there are organizations and universities that promote this training such as the Mexican Academy of Computer Law chaired by Dr. Joel Treviño Gómez, the National Autonomous University of Mexico and the University of Guadalajara, and of course Coffee Law SC, etc.
How much has the promulgation of the Law impacted on the legal profession Fintech?
It is important to note that the Law Fintech It was signed on March 8, 2019, as a result of long work, and was published in the Official Gazette of the Federation on March 9.
This resulted in Mexico being at the forefront in terms of regulations and consolidated it as a pioneer country on the subject. Anticipating that from that moment onwards the Financial Technology Institutions (ITF) will be called startups that are authorized for such operation.
“In the end, what this regulation provides is trust and certainty to users of financial services, that people are not afraid and that they know that there are authorities that protect them, on the other hand it also mitigates the risks of money laundering crimes. "
Isabel Dharanee Vázquez Menchaca, General Director of GMC360.
In Latin America, Mexico has the second largest ecosystem fintech, adding 334 startups, below Brazil that had 377 platforms until June 2018.
However, there is still a low number of records of Financial Technology Institutions (ITF), due to the lack of experience in the regulatory process and the high cost, these being the main barriers. In addition to that lawyers and companies lack experience getting these authorizations because they are new.
Although companies, in general terms, were recently established, the requirements to authorize them are high and, consequently, the operating costs as well.
According to the Financial, citing Kapersky, Mexico ranks ninth in the nations that suffer the most attacks by malware What would be the reason for that?
Well, Mexico ranks 11th in terms of cybersecurity, and the ninth in mobile malware attack, with this I mean the applications that affect users' cell phones for downloading apps that promise to “give them something ”, For example, if they click on your ad, download or send certain data.
The reason that Mexico occupies this place is due, as I mentioned at the beginning, to the lack of digital education, emphasizing that it is in the process of transition, of updating the use of ICTs.
Recalling that the corresponding codifications are on the eve of typifying computer crimes such as sexting, the grooming, ciberbullying, pornovenganza, among others. The above, for the presentation of initiatives with a draft decree issuing a new National Code of Criminal Procedures and the National Criminal Code by the H. Congress of the Union.
Because the current Federal Criminal Code has only provided for identity theft or impersonation, but not having criminalized computer crimes as marked by its Anglo-Saxon origin, as are the grooming, ciberbullying, sexting, among others, which are erroneously homologated with figures provided for in the codification, results in not imposing the fine or penalty corresponding to those who have harmed the life of a citizen.
I understand that in Mexico there is the "National Cybersecurity Week". Tell us why this initiative is due?
It is a good question, dear Adolfo, since this initiative aims to raise public awareness about the risks of using the Internet and generate a culture of prevention in the face of information and communication technologies (ICT), and that way the Senate of the Republic approved to declare the first week of October, as the “National Cybersecurity Week".
Previously, the senator Alejandra Soto Lagunes, from the Green Ecologist Party of Mexico (PVEM), he proposed that October be declared as the month of Cybersecurity, however, the change was proposed to be reduced to only one week, in order not to "displace" the month of breast cancer prevention.
According to the Report “Cyber security trends in Latin America and the Caribbean ”, In 2014, the most valuable tool that national authorities have is awareness raising to improve security and combat cybercrime.
In sum, the senators were well updated and joined those countries that have already taken actions focused on cybersecurity, and in dedicating spaces and knowledge to analyze the Internet of Things, cybercrimes, computer security incidents, systems of secure communication, among others.