Mexico’s Supreme Court reserves Llave MX regulation and administration for federal government, invalidates Morelos powers

Mexico’s Supreme Court has drawn a clear federal line around Llave MX, ruling that Morelos cannot administer the national digital identification and access tool within the state.

Llave MX supports access to digital services and government procedures. The court said its regulation forms part of national policy covering telecommunications, administrative simplification, digitized procedures and the operation of technological tools.

The ruling followed a constitutional challenge filed by the Mexican government in November against several provisions of Morelos’ Digital Transformation Law, enacted in October. The challenge targeted provisions on telecommunications, public-space connectivity strategies and the powers of the state agency.

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The Agency will be responsible for enabling and administering Llave MX in the territory of Morelos.

Among the invalidated provisions was Article 77, which said the Morelos agency would enable and administer Llave MX in the state. The court also struck down Article 83, which authorized the agency to issue rules for using Llave MX to activate the Digital Citizen File. It invalidated related language in Articles 11, 74 and 89 as well.

The court upheld part of Article 17, Section XXV. That provision allows Morelos’ Digital Transformation Agency to propose connectivity strategies and policies for public spaces to improve internet access. It does not give the agency control over Llave MX itself.

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The agency will issue guidelines for the use of Llave MX to enable the Digital Citizen File.