thesis statement about sim card registration

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MANDATORY SIM CARD REGISTRATION: WHY THIS IS ALARMING FOR DATA PROTECTION AND THE RIGHT TO PRIVACY OF KENYANS

• Sumaya Nur Hussein
• May 20, 2022
• Data Protection ,
• Digital Rights ,
• RIght to Privacy ,
• Uncategorized

The ongoing SIM card registration by Safaricom has been met with opposition, with many Kenyans doubting the motive behind it. All mobile subscribers have been asked to register their SIM cards failure to which they face the danger of their lines being blocked by Safaricom. According to the Communications Authority of Kenya (CAK), the registration is meant to reduce incidences of digital fraud and cybercrime that have been prevalent in the local telecommunications sector. This blog post will address some of the concerns that have arisen. First, the blog will outline the legal frameworks that regulate Sim Card registration in Kenya and relate the requirement to data. Second, we will discuss major legal issues that arise from this process such as the legality of the process, application of data protection law and lack of transparency. Lastly, the blog will conclude by highlighting the proposed reforms to regulate the registration of SIM-cards in Kenya.

SIM Card registration in Kenya is governed by the Kenya Information and Communications Act of 1998, which under Section 27D grants the Cabinet Secretary (CS) the ability to adopt SIM Card rules in conjunction with the Communications Authority of Kenya (CAK). As a result, the Kenya Information and Communications (Registration of SlM-cards) Regulations, 2015 were enacted. Regulation 5 of the Registration of Sim-Cards provides that a person intending to register a SIM-card must supply the telecommunications operator or agent with specified information, including but not limited to complete names, identification cards (copy and original), date of birth (original birth certificate). This type of data is protected under the Data Protection Act No. 24 of 2019 (the DPA).

The type of data collected for registration is protected under the DPA provides for ‘Sensitive personal data” which refers to information about a natural person’s race, health status, ethnic social origin, conscience, belief, genetic data, biometric data, property details, marital status, family details (including names of the person’s children, parents, spouse or spouses), sex or sexual orientation. Therefore, the necessary data that is required for the registration of sim cards falls under data that is protected by the DPA.

The first issue is to determine the legality of registration. Regulation number 5 of Kenya Information and Communications (Registration of SlM-cards) Regulations lists the necessary details. This list, however, does not provide for the requirement of biometric data. Biometric data as per section 2 of DPA means personal data resulting from specific technical processing based on physical, physiological or behavioral characterisation including blood typing, fingerprinting, deoxyribonucleic acid analysis, earlobe geometry, retinal scanning and voice recognition. Safaricom, one of Kenya’s top mobile telephone network providers, is reportedly requesting subscribers to bring their IDs to the nearest Safaricom shop or any partner agency to update their SIM details, a process that will also necessitate the submission of face biometrics. This requirement in itself is not provided for in law and therefore illegal. The Kenya Human Rights Commission (KHRC) expressed their concerns on their official Twitter handle that the decision to make Kenyans submit to having their images taken and retained is “illegal and promotes intrusive data collecting.” The Communication Authority of Kenya CEO, Ezra Chiloba , stated that the process was actually the verification of Sim Card holders’ information. He also stated that individuals were not required to submit their photos in order to be compliant with the process.

The second issue arises from the failure to abide by the legal frameworks provided for data regulation in Kenya. The DPA regulates the following when it comes to data: data collection; type of data to be collected; data security; data disclosure; data retention; data quality; data deletion; and data update. Biometric data is sensitive data and its exposure provides distinct data privacy concerns and repercussions on numerous levels. For example, once your biometric data has been hacked or exposed, you are vulnerable to identity-based attacks indefinitely. One of the steps that should be taken before the collection of biometric data is to get the consent of subjects. Consent of the data subject to processing for one or more stated purposes is one of the legal bases for processing personal data under Section 30(1)(a) the DPA. In this case, Kenyan Citizens did not consent to give their biometric data, that is images of them being taken for the purpose of their SIM-Card registration.

A great concern is a lack of transparency. Several civil society organizations, for example, have opposed Mandatory SIM card registration as. During Kenya’s 2019 universal periodic review by UN mechanisms, mandatory SIM registrations were linked to surveillance of human rights advocates. While national security is cited as a reason for requiring SIM card registration, registration has also been alleged to provide law enforcement with direct access to telecommunications networks. The State of Mobile Internet Connectivity 2020 report by GSMA, an industry association that represents the diverse interests of mobile operators around the world, just 59 per cent of nations that need SIM card registration to have strong data protection regulations. In the absence of such safeguards, the information stored on SIM cards could be easily accessed and shared with other databases and third parties. The Kenya Human Rights Commission (KHRC) has warned that the government’s decision to require Kenyans to register their SIM cards jeopardises Kenyans’ privacy rights since the government had yet to implement necessary safeguards for Kenyans’ data protection.

In conclusion, this process has left important questions such as what happens to the biometric data that was already collected? and who is to be held accountable for any data breaches? unanswered. The Kenya Information And Communications (Registration of Telecommunications Service Subscribers) Regulations, 2022 (draft) has been proposed to reform the Kenya Information and Communications (Registration of SlM-cards) Regulations, 2015. The draft seeks to clarify issues such as the requirement of registration as well as address emerging issues such as the protection of minors and vulnerable groups.

The second part of this three part series blog post on the SIM card registration wil further elaborate the provisions proposed in The Kenya Information And Communications (Registration of Telecommunications Service Subscribers) Regulations, 2022.

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Dr. Melissa Omino:

Dr Omino holds an LLB (University Of Fort Hare), LLM (Stellenbosch University) and an LLD (University of Fort Hare). She is a member of the Kenyan Bar and practices law as a Partner in MJD Associates LLP in Nairobi, Kenya. Melissa has a special interest in intellectual property. Her current focus is academic research in the niche area of pharmaceutical patents and international trade in relation to the phenomena of “evergreening”. Melissa is also co-founder of the IPCheckIn a monthly meeting of IP enthusiasts that includes patent examiners, attorneys, professors, musicians and law students who offer their services in IP awareness and knowledge dissemination pro bono in Kenya.

Kendi Murithi:

Kendi holds a Bachelor of Commerce from Strathmore University in Finance and Business Administration, a CPA 5, and an MBA in Finance from USIU-Africa (2020). She joined the team in 2014 overseeing all the administrative and finance functions of the Centre. Beyond CIPIT, she enjoys conversations on wealth creation, financial freedom and entrepreneurship.

Chebet Koros:

Chebet  is an experienced advocate of the High Court of Kenya, who has specialized in intellectual property law. One of her focal areas is intellectual property education with an emphasis on commercialisation of intellectual property assets. At CIPIT, she leads research on the intersection of intellectual property law and innovation with the aim of informing policy change in Kenya, regionally and globally.

Nelly C. Rotich:

Nelly is a Doctor of Laws Candidate at the University of Pretoria. She holds a Master of Law (Pretoria) and a Bachelor of Laws (Kabarak). Nelly is an Advocate of the High Court of Kenya and a Certified Professional Mediator. Her research interest and areas of practice are digital trade, digital rights, and data protection and governance. Nelly currently heads the Data Policy and Governance and Cyber Law and Policy Departments.

Valerie Lyaka Kutima:

I have a Master of Laws from the University of Pretoria, Centre for Human Rights and a Bachelor of Laws from University of Nairobi. I am and Advocate of the High Court of Kenya and a Certified Professional Mediator. I have an interest in the adoption of Artificial Intelligence in Justice Systems. My focus is on Algorithmic Bias and its Implication in the Judicial Decision-Making Process.

Prof Luis G. Franceschi:

Prof Luis G. Franceschi, LLB, LL.M, LL.D is Founding Dean of Strathmore University Law School, which is today regarded as one of the most reputable and innovative law schools in Africa. As a thinker, educator and writer, he loves positive and disruptive innovation. He is currently engaged on the Courts of the Future initiative, where he has brought together academia, practitioners, governments and judicial officers to transform the way justice systems operate in Africa. He is the recipient of the 2018 Utumishi Bora National Award in Research & Writing, the 2016 Australian Award and Visiting Fellowship at Griffith Law School (Brisbane) and he has been appointed as Visiting Fellow of Mansfield College during his visit to Oxford.   His area of expertise focuses on the convergence between Constitutional law and Public International Law “the constitutional regulation of the foreign affairs power”. He is also a legal advisor to several national and international government agencies, commissions and programmes, including international and regional courts, the United Nations and the World Bank. He sits on several boards: Transparency International (Kenya), the International Justice Commission (The Hague), the African Prisons Project (London), the Africa Legal Network (ALN) Academy (Mauritius), the International Association of Law Schools (New York), among others.   His latest publications include “The Rule of Law, Human Rights and Judicial Control of Power”, Springer; “Judicial Independence and Accountability in Light of judiciary Code of Conduct and Ethics of Kenya” ICJ Kenya; “The Cost of the Constitution in Kenya: A Cost Analysis of the New Governance Framework Introduced by the 2010 Constitution of Kenya”, Harvard Africa Policy Review; “The Constitution of Kenya; A Commentary” (a 900-page article by article commentary of the Constitution), SUP (second edition); and “The African Human Rights Judicial System; Streamlining Structures and Domestications Mechanisms Viewed from the Foreign Affairs Power Perspective”. He is also a weekly columnist with the Daily Nation Newspaper (Kenya). He has also conducted executive leadership courses for CEOs in more than 25 countries. He is a Kenyan citizen and resides in Nairobi.

Angela Wasunna:

Angela Wasunna is Vice President, Emerging Markets Policy at Pfizer. In her role, she is responsible for leading the development and implementation of a coordinated approach to advance business-focused policy issues related to drug pricing, intellectual property, health systems, healthcare financing and regulatory reform in Emerging Markets. Previously Angela was Assistant General Counsel, Intellectual Property Policy in Pfizer’s Legal Division. Angela received her law degree from the University of Nairobi Kenya, and advanced law degrees from McGill University, Canada and Harvard Law School. She is admitted to practice law in the State of New York and is an Advocate of the High Court of Kenya. Before moving to Pfizer, Angela was Associate for International Programs at the Hastings Center for Bioethics, New York. At the Hastings Center, she managed projects on intellectual property rights, market mechanisms in health systems, and public health policy. Angela has also served as consultant to several agencies including the World Health Organization, the Institute of Medicine (IOM), the Centers for Disease Control (CDC), the World Health Organization, the Bill and Melinda Gates Foundation, the World Bank and the Department for International Development, UK (DFID). Angela has published several peer-reviewed articles in academic journals, and lectured internationally. She is co-author of the book: Medicine and the Market: Equity v Choice, Johns Hopkins University Press, 2006.

Prof. Githu Muigai:

Professor Githu Muigai hold an LLB and a PhD from the University of Nairobi, an LLM from the Colombia University Law School and Diploma in law from the Kenya School of Law. He is a Fellow of the Chartered Institute of Arbitrators (FCIArb). He was called to the Bar in 1985. He specializes in public procurement law, corporate finance, civil and commercial litigation. In addition to the practice of Law, he is the immediate former Attorney General of the Republic of Kenya.

Florence Ogonjo:

Florence is an Advocate of the High Court of Kenya, with three years’ experience post admission. Her interests are in the intersection of human rights with technology. She is a social impact enthusiast and a member of Vitabu Vyetu Foundation.

Alberto J. Cerda Silva:

Alberto J. Cerda Silva is tenured assistant professor in law and technology at the University of Chile Law School. As a former Fulbright Commission scholar, he holds a doctoral degree from Georgetown University with a dissertation on human rights, copyright, and internet regulation in Latin America. Currently, he is program officer at the Ford Foundation’s International Technology and Society Program, from where he supports organizations advancing internet policies from a social justice and human rights viewpoint worldwide. E-mail: [email protected]

NANJALA NYABOLA:

Nanjala Nyabola is an independent writer and researcher based in Nairobi, Kenya. Her work focuses on the intersection between technology, media, and society. She holds an MSc in African Studies and an MSc in Forced Migration, both from the University of Oxford, as well as a JD from Harvard Law School. She has held numerous research associate positions including with the Overseas Development Institute (ODI), the Oxford Internet Institute (OII) and other institutions, and has worked as a research lead for several projects on human rights broadly and digital rights specifically around the world. She is a Fellow at the Stanford Digital Civil Society Programme, and the Centre for International Governance Innovation. Nanjala has published in several academic journals including the African Security Review and The Women's Studies Quarterly, and contributed to numerous edited collections. Nanjala also writes commentary for publications like The Nation (US), Al Jazeera, The Boston Review and others. She is the author of Digital Democracy, Analogue Politics: How the Internet Era is Transforming Politics in Kenya (Zed Books, 2018) and Travelling While Black: Essays Inspired by a Life on the Move (Hurst Books, 2020).

ELVIS OGAH:

Award-winning Research Analyst and Corporate Strategist with over 10 years’ experience working in the Digital Identification sub-sector. Proficient in researching, analyzing, interpreting, and presenting data related to markets, operation, and economies. Extensively adept in helping organizations design paths to growth and profitability amidst competition and constant change. Holds a Bachelor’s Degree in Economics and two Master’s degree respectively in International Affairs and Political Economy. Certified in Project Management and Data Analytics. Received a Diploma in ICT from ISP Computer Institute. Obtained an International Certificate in SME Banking and Financial Analytics from the Entrepreneurship Development Institute of India (EDII). Participant in the 2020 Digital Identity and National Security Fellowship from the Center for African Affairs and Conflict Research (CAACOR). Policy Ambassador at the Nigerian Global Affairs Council (NIGAC). Currently a Doctoral Student at the University of Abuja, Nigeria.

DR. JOHN OTIENO OREDO:

Dr. John Otieno Oredo, PhD is an educator with over twenty years teaching experience in secondary and university levels. John is a lecturer in the Department of Information Science at the University of Nairobi and previously served as a Research Associate at Kenya Education Network (KENET). He holds a PhD degree in Business Administration - Strategic Information Systems (University of Nairobi); MSc. in Information Technology (Strathmore University); and a Bachelor of Education (Moi University). John is a researcher who has published on educational technology and information systems. His current research revolves around Public Automation, Machine Learning, Data Science, Adoption of Emerging Digital Technologies, Data Analytics, ICTs in Education and Technology Related Stress. He has facilitated workshops on educational technology and academic integrity for University staff and Library Professionals. John is trained in scientific communication and publishing (UON); Research writing (INASP), Item Writing (KNEC), E-Learning course design (ETSU) and supporting faculty in developing online course proficiencies (EDUCAUSE), Advanced Research Design (PASGR) and Critical Discourse Analysis (Stellenbosch University). He is an active member of several professional bodies: ISACA; Full member of Kenya Institute of Management (KIM) and a columnist for its MANAGEMENT magazine; Computer Society of Kenya (CSK), Association for Advancement of Computing in Education (AACE); Project Management Institute (PMI) and Association for Information Systems (AIS) where he serves as the Eastern Africa Chapter President. He is a certified Project Management Professional (PMP), Big Data Engineer and Artificial Intelligence Analyst. John also has an Executive Education in Supply Chain Management from Kuhne Logistics University (Germany). He spends his free time tinkering with open-source productivity and research tools.

FELIX ATANDI ACHIRA:

Felix Atandi is a cybersecurity consultant, data governance expert and an applied researcher in privacy-preserving technologies. He is the Security Solutions Architect at CyberTembo, a cybersecurity company in East Africa and has been a Subject Matter Expert with over 10 years of experience in the field. His research interests span theoretical and applied cryptography and their application to everyday problems throughout computer science regarding Security by Default and Design. He has a BSc. In Computer Science from Kabarak University and an MSc. Computer Forensics and Cyber Security; ‘Threat Intelligence using Honeypots’ from the University of Greenwich, London. Throughout his career, Felix has developed a skill set directly relevant to cybersecurity including an intersection of digital forensics, cyber policy & governance, information security regulatory compliance, development of strategic cybersecurity frameworks as well as industry best practices and methodologies. His research interest covers the design, analysis and implementation of efficient privacy-preserving cryptographic techniques and their applications. Specifically, with a strong focus on topics covering Homomorphic Encryption, Secure Multiparty Computations, Differential Privacy and Post-Quantum Cryptography. His research is inherently ground-up and driven by the co-production of knowledge with diverse groups of people, in order to understand the wider security implications of information technology.

FAITH O. AMATIKA:

Faith is a Kenyan lawyer, an Advocate of the High Court of Kenya of over twelve (12) years standing. She holds a Bachelor of Laws degree (LL.B) from Moi University and a Master of Laws degree (LL.M) in Intellectual Property Law from Ankara University, Turkey. She currently works at the Kenya Copyright Board as a Senior Legal Counsel where she doubles up as the country focal point in the World Intellectual Property Organization (WIPO) project on the use of IP in the software sector. Faith has great passion for emerging technologies for instance artificial intelligence, blockchain technologies, internet of things etc. She likes interrogating the interplay between these technologies and the law. She is also interested in intellectual property and intangible asset valuation and helping SMEs and start-ups make the most of their intangible assets.

GITINYWA LOUIS:

Gitinywa Louis is an attorney and litigator, specializing in Constitutional law and International Human Rights law, where he has a particular interest on issues related to digital rights for instance: Freedom of expression online, Data privacy, Internet governance and Fintech. Before joining the private practice he also served as public Prosecutor for the Rwanda National Public Prosecution Authority since 2011 up to March 2016where he has been involved in many cases related to prosecution of economic crimes, and others criminal cases before domestic courts in Rwanda. He is also a regular contributor to Global Voices where he has published different articles on issues related to freedom of expression online, the massive use of surveillance technologies and their impacts on data privacy in Rwanda. He is called to Rwanda Bar Association and holds a Masters of Law (UDSM) and a Postgraduate Diploma in Constitutional law (CEU-Budapest).

OSCAR OKWERO:

Oscar is a recognized and results-oriented Cyber Security Leader and researcher with over 7 years’ experience in Cyber security and Technology risk management. Oscar begun his career at The Copy Cat Ltd as a Management trainee then later as a Pre-sales Systems Security Engineer where he led the go to market in Security technologies. He then Co-founded an IoT based technology company, Sine solutions Ltd that carried out location-based adverts in public service vehicles in Nairobi and had a partnership with IBM research Africa, The government of Kenya and major advertising agencies. He later worked as a Systems analyst at the Christ Is the answer ministries (CITAM). Oscar is a Chevening Scholarships alumni of (2018-2019) through which he pursued an MSc IT Cyber Security at the University of Glasgow, Scotland, UK. Where he researched on the application of Artificial intelligence on Cloud data loss prevention and developed a model to demonstrate the research, a project that earned him an entry into the University of Glasgow School of computing Science Hall of fame. Oscar is also a US-Aid Scholar at the Strathmore University for a Bachelor of business Information & Technology (2009-2013) and holds a diploma in Computer studies from the Technical University of Kenya. Oscar is also a member of the John Smith centre for public policy at the University of Glasgow as well as a general member of the Chatham house. Oscar Okwero is currently a Cyber security researcher with particular interest in Cyber threat intelligence and general application security in the cloud. His other interests are in Technology Law, Artificial intelligence & Machine learning as pertains to Cyber Security.

Wakesho Kililo:

Wakesho Kililo is the Africa Coordinator, Digital Rights, Greater Internet Freedom (GIF) Project at Internews. Previously, Wakesho worked with the Kenyan Section of the International Commission of International Jurists where she managed the International Justice Program, implementing programs geared at pursuing accountability for victims of autrocities. She also worked on electoral governance Issues at Act change Transform in their Democracy Governance and Human Rights Program, Transparency International Kenya, and Article 19 Eastern Africa. She serves as a member of the Law Society of Kenya Public Interest Litigation and Legal Aid committee. Wakesho was named Civil Society Lawyer of The Year 1st Runners Up in 2019 and Top 35 under 35 Youth Advocate of the year 2020. She is an advocate of the High Court of Kenya and has a post graduate diploma in Law from the Kenya School of Law.

Phionah Achieng Uhuru:

Phionah holds an LLB (Moi University), a Postgraduate Diploma in Law (Kenya School of Law), and an LLM in Intellectual Property and Competition Law (Munich Intellectual Property Law Center). She is a member of the Kenyan Bar with a special interest in research and policy development, particularly in the areas of Intellectual Property Law, Competition Law, and Information Privacy. She is currently focusing on research in the areas of pharmaceutical patents and health data privacy.

Oarabile Mudongo:

Oarabile is a Policy Researcher and a Technologist whose focus is Public Interest Technology at the intersection of digital governance, policy, and regulation. He also assists AUDA-NEPAD in driving strategic approaches to Africa's scientific capacity for regionally oriented regulation and management of the innovation ecosystem and emerging technologies as a Member of the writing team for the AU-AI Continental Strategy for the AU High Level Panel on Emerging Technologies (APET).

He currently serves on the MIT Sloan Management Review's Responsible AI Expert Panel, which assesses how companies design and approach Responsible AI practices, policies, and standards. Oarabile is also a recipient of the Media Democracy Fund and Ford Foundation's Public Interest Technology Exchange Fellowship. He is currently a Policy Specialist working in the Africa AI Observatory project, where he specializes on mapping AI country policy practices, strategies, and data governance legislation.

Lilian Olivia Orero:

Lilian Olivia Orero is an Advocate of the High Court of Kenya and Award-winning writer based in Nairobi, Kenya. She is a Researcher with Berkman Klein Center for Internet & Society at Harvard University. She has participated in a research sprint examining the challenges of navigating digital identity amid crises. She is a Fellow of the Kenya School of Internet Governance, Future Africa and East Africa Emerging Public Interest Advocates Programme. She serves as Civil Society Regional Reference Group Member with UN Women Spotlight Initiative Africa Regional Program advocating for ending violence against women and girls. Olivia has published with London School of Economics and Political Science, Manchester Journal of International Economic Law and Youth Law Journal. She has published a blog titled “Balancing the protection of fundamental rights in the fight against disinformation” with the African Union-European Union Digital for Development Hub. She has also published on gendered topics such as domestic violence, sexual consent, rape, abortion and digital gender divide. She holds Advanced Human Rights Certificates on the right to privacy from Centre for Human Rights, University of Pretoria, Post-Graduate Diploma in Law from Kenya School of Law and Bachelor of Laws Degree from Moi University.

Joshua Kitili:

Joshua Kitili is an Advocate of the High Court and also holds an LLM (University of Strathclyde) in Information Technology & Telecommunications law. His interests are in privacy, data protection and Information Technology law in general.

Natasha Karanja:

Natasha holds an LLB from the University of Kent and an LLM in International Commercial and Economic Law from SOAS University of London. She is  enthusiastic about the centre's mission of creating and sharing knowledge of the development of intellectual property and information technology within the African setting. This falls in line with her passion of engaging with conscious policy making that has a lasting impact on the well being of the  African populace.

Doreen Abiero:

Doreen is an Advocate of the High Court of Kenya and holds an LLB degree from the University of Nairobi. Her interests revolve around the areas of environmental law, health law, intellectual property law, artificial intelligence, data protection and digital rights in general. She is particularly interested in how these diverse fields intersect for the provision of innovative and holistic solutions to societal issues and for the benefit of posterity. She aims to further enhance these interests under the artificial intelligence and data governance centres at CIPIT.

Josephine Kaaniru:

Josephine Kaaniru is a legal researcher enthusiastic about technology policy, with an emphasis on  AI policy, digital rights and data governance. She also works on inclusion projects for people with disabilities, taking into account how technology may help close gaps that people with disabilities face. She is committed to making sure that technological advancements solve problems rather than infringe upon human rights.

Calvin Mulindwa:

Calvin Mulindwa is a graduate of Strathmore University with a background in Law. Currently serving as a Research Assistant at the Centre for Intellectual Property and Information Technology Law, he focuses on the intricate realms of Data Governance and Intellectual Property.

Catriona Onyango:

Catriona is a CPA Finalist and a holder of a Bachelor of Commerce Degree (Accounting Option) from the University of Nairobi.

Kevin Muchwat:

Kevin Muchwat is a Bachelor of Science degree holder in Physics from South Eastern Kenya University and possesses extensive experience in developing desktop, mobile, and web applications as a full-stack developer. He served as a technical consultant for IFRC, contributing to the design and implementation of Volunteer Management Systems for national societies across Africa. Kevin's expertise lies in the efficiency and performance of server applications and their scalability, which is fueled by his immense passion for the field.

Chemutai Doreen:

Chemutai is a data-driven Marketer, with a strong passion for leveraging valuable insights to deliver tangible strategies that can effectively drive meaningful results. Her ultimate objective is to help brands make informed decisions and reach their desired goals.

Dr. Rutenberg:

Isaac Rutenberg is a practicing IP lawyer, PhD scientist, and extensively published legal scholar who is passionate about inclusive, responsive and responsible legal frameworks and innovation ecosystems. He has 15+ years of experience as outside IP counsel for small and large companies, universities, and research organizations. Isaac is the founder of the Centre for Intellectual Property and Information Technology Law (CIPIT) at the Strathmore Law School, Strathmore University, where he is also an Associate Professor of ICT Policy and Innovation. He is also an Associate Member at the Center for Law, Technology, and Society at the University of Ottawa. Isaac holds a JD (degree in law), a PhD in Chemistry, a bachelor of science in Chemistry, and a bachelor of science in Mathematics/Computer Science. He is admitted to practice law in the state of California, patent law in the United States Patent and Trademark Office, and patent/trademark law in the Kenya Industrial Property Institute.

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Home > ETD > ETD_BACHELORS > 5595

Bachelor's Theses

Sim cards to register or not to register that is the question.

Aldous Gabriel L. Cajudo Natahniel O. Pecho

Date of Publication

Document type.

Bachelor's Thesis

Degree Name

Bachelor of Science in Legal Management

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

Jayson O'S. Ramos

Defense Panel Chair

Antonio A. Ligon

Defense Panel Member

Larry P. Ignacio Augusto R. Bundang

Abstract/Summary

Privacy has always been a very sensitive topic. What has been acceptable before cannot be said now. What makes this topic different is its ever-changing nature. This makes defining privacy difficult. This thesis attempts to clarify the definition and compare if it is in line with the provisions of House Bill 5231 Mandatory SIM card Registration. Mandatory SIM card registration is seen as the next step in securing the nation against attacks made from the cybersphere. Since the 21st century is a digital book which can easily be accessed by anyone. Wanting to protect this digital book would be a very logical choice, hence the need for such a bill. This thesis attempts to understand the bill at its very basic definition so that the readers are enlightened to the true meanings of its provisions and whether or not these provisions are capable of encroaching themselves into the rights of the people. The thesis will achieve this with the use of a battery of legal tests and research done into the related literature of the topic to establish a connection to the rights of the people and whether or not their rights are compromised.

Abstract Format

Accession number, shelf location.

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

64 leaves, 29 cm.

Privacy, Right of--Philippines; Cell phones--Law and legislation-- Philippines

Recommended Citation

Cajudo, A. L., & Pecho, N. O. (2015). SIM cards to register or not to register? That is the question!. Retrieved from https://animorepository.dlsu.edu.ph/etd_bachelors/5595

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Timeline of SIM Card Registration Laws

• PI has tracked SIM card registration laws and their impact from 2002 to present day.
• Such a requirement allows the state to identify the owner of a SIM card and infer who is most likely making a call or sending a message at any given time.
• By making it easier for law enforcement authorities to track and monitor people, these laws threaten vulnerable groups and facilitate generalised surveillance.
• Despite mounting evidence that mandatory SIM registration is costly, intrusive and not the solution to the problem most countries are trying to solve, every year more governments try to roll it out.

IMAGE SOURCE: "My Phone Bought This"   by  oliver t  is licensed under   CC BY-NC-ND 4.0 .

LAST UPDATE: 16th May 2022.

Mandatory SIM card registration laws require people to provide personal information, including a valid ID or even their biometrics , as a condition for purchasing or activating a SIM card. Such a requirement allows the state to identify the owner of a SIM card and infer who is most likely making a call or sending a message at any given time.

SIM card registration undermines peoples’ ability to communicate anonymously , organise, and associate with others, and it infringes their rights to privacy and freedom of expression . By making it easier for law enforcement authorities to track and monitor people, these laws threaten vulnerable groups and facilitate generalised surveillance. People who lack ID, or who do not want to or are unable to disclose such personal information, are excluded from important spheres for formulating and sharing ideas:  roughly 1 billion people around the world lack a valid form of government ID and could be prevented from purchasing a SIM card as a result, and journalists, human rights defenders, and people from marginalized or minority communities may fear harassment, intimidation, violence, or persecution if they register. C hallenging SIM card registration laws is therefore important to preserving our civic spaces and defending democracy .

See our Learning Page on SIM Card Registration for more info.

How widespread are mandatory SIM card registration laws?

SIM card registration laws are proliferating, but there is no uniform approach. As of early 2021, 157 governments required some form of proof of identity before a person could purchase a SIM card, but what form of ID and what other information may be required varies. In 2012, the European Commission requested that EU states provide evidence of actual or potential benefits from mandatory SIM card registration measures and, after examining the responses it received, concluded there was no benefit either to assisting criminal investigations or to the common market to having a single EU approach. SOURCE: GSMA (pg. 10) .

As of 2021, the following countries have mandatory SIM card registration laws: Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Central African Republic, Chad, China, Colombia, Congo, Costa Rica, Côte d'Ivoire, Cuba, Cyprus, Democratic Republic of Congo, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Eswatini, Ethiopia, Fiji, France, French Guiana, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, India, Indonesia, Iran, Iraq, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Lesotho, Liberia, Libya, Luxembourg, Macao, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Niger, Nigeria, North Korea, North Macedonia, Norway, Oman, Pakistan, Palestine, Panama, Papua New Guinea, Paraguay, Peru, Poland, Qatar, Russia, Rwanda, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Somalia, South Africa, South Sudan, South Korea, Slovakia, Spain, Sri Lanka, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sudan, Suriname, Svalbard, Switzerland, Syria, Taiwan, Tajikistan, Tanzania, Thailand, Timo-Leste, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Arab Emirates, Uruguay, Uzbekistan, Venezuela, Vietnam, Yemen, Zambia, Zimbabwe.

As of 2021, the following countries have mandatory biometric SIM registration laws: Bahrain, Bangladesh, Bhutan, China, Nigeria, Pakistan, Peru, Saudi Arabia, Tanzania, Thailand, Uganda, United Arab Emirates, Venezuela, Zambia

As of 2021, the following countries do not have mandatory SIM card registration laws: Bahamas, Bosnia and Herzegovina, Cabo Verde, Canada, Chile, Comoros, Croatia, Czech Republic, Denmark, Estonia, Finland, Hong Kong, Iceland, Ireland, Israel, Kiribati, Latvia, Liechtenstein, Lithuania, Marshall Islands, Micronesia, Moldova, Nauru, The Netherlands, New Zealand, Nicaragua, Portugal, Romania, Samoa, Serbia, Slovenia, Solomon Islands, Sweden, United Kingdom, United States of America, Vanuatu. SOURCE: GSMA (pgs. 54-61).

Countries expected to implement mandatory SIM registration in 2022: Philippines, Mexico.

Countries that do not appear on these two lists were either considering possible SIM card registration or it was not possible to determine the state of the law. For updates on any of the above countries, or countries that were not included, please email [email protected] .

Philippines: Marcos signs SIM Registration into law

On October 10th, President Ferdinand Marcos Jr. signed the SIM Registration Act in the Ceremonial Hall of Malacañang, part of the President's official residence. In his speech following the signing, Marcos reportedly said,

"We will soon be able to provide law enforcement agencies with the tools needed to resolve crimes perpetrated with the use of these SIM cards, as well as providing a strong deterrence against the commission of wrongdoing... Crucially as well, included in this crucial piece of legislation are provisions that make paramount the protection of confidentiality and data privacy rights of subscribers, which shall begin to take effect at the point of sale." Source: GMA News .

Indonesia: Hacker exposes 1.3 billion SIM registration details

On August 31, a user named Bjorka posted an entry on a little-known site called Breached Forums, with the bland title: “Indonesia SIM Card (Phone Number) Registration 1.3 Billion.”  This massive data leak revealed national identity numbers, phone numbers, names of telecommunications providers, and more. Source: The Diplomat and Rest Of World.

President Duterte vetoes the SIM Card Registration Bill in the Philippines.

April 15th: In a surprise move, President Duterte vetoed proposed legislation approved by both chambers seeking to mandate the registration of all SIM cards and social media accounts in the country according to reports . The reason appears to be that the original scope of the SIM Card Registration Bill had expanded to include registration of social media accounts where users must provide a real name and phone number on creating an account.

A coalition of local and international CSOs had called on Duterte to veto the Bill, led by PI's partner in the Philippines The Foundation for Media Alternatives (FMA). SOURCE: Gulf News & FMA .

South Africa proposes updating SIM Registration laws to include biometrics.

March: The Independent Communications Authority of South Africa (ICASA) published draft regulations making it explicit that mobile service providers need to collect biometric data when a customer changes numbers or action a SIM swap (activating a SIM card with a particular mobile number). Under the current Regulation of Interception of Communication Act (Rica), a person does have to submit a valid identity and proof of residence to obtain a new SIM card, but these draft regulations would mean also providing biometric data, described in the draft as " the measurement and statistical analysis of people's unique physical and behavioural characteristics."

The consultation closes on May 11th. SOURCE: The South African & Stuff & Dear South Africa .

Continued confusion over the Communications Authority of Kenya's instruction for SIM registration ahead of April 15th deadline leads to criticism by the Kenya Human Rights Commission and a promised legal challenge from a coalition of political parties.

The Kenya Human Rights Commission (KHRC) has warned that the move by government compelling Kenyans to register their Sim Cards threatens the privacy rights of citizens. The KHRC said in a statement that the step taken by the Communications Authority of Kenya which would see Kenyans submit to have their photographs taken and retained is "unlawful and promotes intrusive data harvesting".

Simultaneously, The Kenya Kwanza Alliance (a coalition of political parties) has threatened to file a case to stop the ongoing nationwide SIM card registration by mobile network operators in the country. The deadline for registration is 15th April.

Kenyan's already register their details at the point of purchase of a SIM card. The Communications Authority CEO Ezra Chiloba said in a statement that there was confusion over the instruction. He said the order only applied to unregistered SIM cards and the telecommunications companies that asked all Kenyans to re-register were “overzealous”. He said that no photos are required to complete the process.

SOURCE: Capital News , Captial News and The Standard.

Civil society challege the legaility of Mexico's SIM registration law.

In February, a group of national, regional and international CSOs have submitted an amicus curiae to the Supreme Court of Justice in Mexico warning that the SIM registration law (PANAUT) violates the right to privacy, freedom of expression, access to ICTs, among other human rights.

Read the letter to the Supreme Court here (Spanish)

Read the amicus curae here (Spanish)

Philippines ratifies the SIM Card Registration Act.

February: "The mandatory registration of SIM cards may just put the security and privacy of citizens at risk, a cybersecurity initiative said on Friday, as it claimed there is no proof that compulsory enrollment of personal information with telecommunications firms will curb crimes.

This comes days after Congress ratified the proposed SIM card Registration Act which, if passed, will compel citizens to provide their personal information to public telecommunications entities (PTEs) before buying SIM cards in a move meant to curb terrorism, text scams, bank fraud and anonymous online defamation, among others." SOURCE: PhilStar Global

Kenya telco announces biometrics needed to re-register SIM cards.

In February, it was reported that Safaricom, one of the leading mobile telephone network providers in Kenya, is asking users to visit the nearest Safaricom shop or any partner agency with their IDs to update their SIM details in a process that will also require submitting face biometrics.

A Kenyan tech reporter, Dickson Otieno, explained he had received a text message asking him to visit a Safaricom dealer with ID in order to to update his SIM card. After querying this with the company via Twitter, Safaricom responded saying they are " in the process of having every registration updated with the scan of the ID and facial recognition. In the meantime, any agent/dealer or Safaricom shop can do this for you.”

The country’s Registration of SIM Cards Regulation 2015 does not refer to collection of biometrics for SIM card registration. SOURCE: Biometric Update .

Fears that SIM registration makes people in Myanmar even more vulnerable to surveillance following the coup.

In July, Telenor Myanmar announced an agreement to sell 100% of mobile operations to M1 Group and exit the market. Part of the sale would reportedly include transferring personal data of subscribers to the new entity, including call records and location data. Civil society are fearful this data will be passed onto the junta by M1 Group. PI responded that the transfer of this personal data, on top of information provided during mandatory SIM registration, such as ID cards and addresses, makes people even more vulnerable to surveillance and arrest. SOURCE: Myanmar Now & Danwatch

Mexico implements mandatory biometric SIM registration for new SIM purchases.

From April 17th, any consumers in Mexico wishing to purchase a new SIM card for their phones will be required to present biometric data that is set to be kept on file as part of the country’s new National Register of Mobile Users. SOURCE: Biometric Update & Pulse News Mexico

Nigeria restarts biometric SIM registration.

On April 15th, The Nigerian Tribune reported the Nigerian Federal Government has approved the activation of new SIM registration using the biometrics-based Mandatory National Identity Number (NIN), in line with the Revised National Digital Identity Policy for SIM card registration. SOURCE: The Nigerian Tribune & Biometric Update .

Australian women’s rights activist faces SIM registration charges in Tanzania.

On January 3rd, The Guardian newspaper reported, "The International Coalition of Ex-Muslims issued a statement saying Kay had been held in police custody for 32 hours from 28 December “without an initial clear indication of charges” and had her passport confiscated."

"According to the statement, the charges relate to three issues, including “a social media post deemed to be critical of the president of Tanzania” over the handling of Covid-19 in the east African country.

The International Coalition of Ex-Muslims said Kay was also accused of not returning her Tanzanian passport after gaining Australian citizenship, but added that “she never returned her Tanzanian passport as she misplaced and never used it after gaining Australian citizenship”.

The coalition said the final issue was the use of a mobile sim card registered in a family member’s name rather than her own name, under legislation that the group said “has been used to persecute other high-profile cases”.

“We believe these charges are politically motivated,” the coalition said." SOURCE: The Guardian & The International Coalition of Ex-Muslims.

Romania declares mandatory SIM regsitration unconstitutional

On 18 February 2020, the Romanian Constitutional Court unanimously declared unconstitutional a new legislative act adopted in September 2019 introducing mandatory SIM card registration. The legislative act in question was an emergency ordinance issued by the Government which wanted to introduce this obligation as a measure “to improve the operation of the 112 emergency service number”. This is the second time the court issues an unconstitutionality decision on mandatory SIM card registration proposals. SOURCE: ApTI

Uganda to pilot blockchain for SIM registration

On 23 July 2020, the Uganda Communications Commission (UCC) reportedly signed a partnership with FSD Uganda (FSDU) and CryptoSavannah for the deployment of blockchain technology to "enhance" Uganda’s SIM card registration and verification process. SOURCE: BitcoinKE.

Unregistered SIMs cards deactivated in Myanmar. During a pandemic.

On June 30th 2020, Myanmar's Post and Telecommunications Department (PTD) announced that any unregistered SIM cards had now been deactivated. SOURCE: The Myanmar Times.

Tanzanian comedian charged under SIM Registration law for laughing at the President.

On 8th July 2020, Amnesty International reported that the popular comedia Idris Sultan was due in court, "to answer charges of “failure to register a SIM card previously owned by another person” and “failure to report change of ownership of a SIM card”. The charges were brought after he posted a video on social media of himself laughing at an old photo of President John Magufuli wearing an oversized suit."

"He was charged with SIM card-related offences under the repressive Electronic and Postal Communications Act 2010 (Sim Card Registration) Regulations 2020 and amended Electronic and Postal Communications Act 2010 on 27 May and released on a court bond of 15 million Tanzanian shillings (about 6,550 US dollars)." SOURCE: Amnesty International.

Telenor Myanmar announces loss of 6.3 million subscribers due to SIM registration requirements.

On 21st October 2020, Telenor Group published their results for Q3. Telenor Myanmar announced,

" The number of subscriptions decreased by 6.3 million as Telenor Myanmar deactivated SIMs following the SIM re- registration process to comply with new directives from the authorities."

This loss of subscribers in Myanmar offset any growth the company gained globally. As a result of SIM registration laws in Myanmar, Telenor Group's global subscriber base reduced by 2.1 million SOURCE: Telenor Myanmar.

Austria makes SIM card registration mandatory for prepaid SIM cards

Legislation came into effect on January 1, 2019, to require registration of prepaid SIM cards. All previous prepaid SIM cards need to be registered before September 1, 2019, or they will be blocked. SOURCES: MCA ; Fandom.

Myanmar proposes mandatory biometric SIM registration

The Government of Myanmar proposes a biometric SIM registration system in absence of data protection laws and security safeguards. PI wrote to Myanmar's Post and Telecommunications Department (PTD) to demand that they reveal the rationale behind the scheme and how they expect to mitigate the associated threats. PI also wrote to the four telecommunications operators outlining our concerns. Read more here .

Jordan announces the development of fingerprint registration for SIM cards

In January 2018, the Telecommunication Regulatory Commission announced that it would develop new regulations that would require new owners of SIM cards to submit their fingerprints to authenticate their numbers. Foreigners are required to show their passports. SOURCES: Royal News ; Fandom .

Malawi announces that any unregistered SIM cards will be deactivated

In January 2018, Malawi announced that all mobile service providers had to ensure that their subscribers’ SIM cards were registered by September 30, 2018, and that all unregistered SIM cards were to be deactivated the following day. The government announced that deactivated SIM cards could only be reactivated if people provided documents that included their national identity card, driver’s license, passport, refugee identity card, asylum seeker identity card, or voter registration card. SOURCE: MACRA .

Indonesia announces that any prepaid SIM cards that are not registered will be blocked

In March 2018, the government announced that any prepaid SIM cards that were not registered would gradually be blocked from functioning. SOURCE: GSMA (pg. 34).

Uganda plans to use biometric readers for SIM card registration

In April 2018, the Uganda government ordered the Uganda Communications Commission to add 50 biometric readers to 50 SIM card registration centres to speed up the SIM card registration process. SOURCE: Observer .

India Supreme Court rules that Aadhaar (national identification) details cannot be required to obtain a mobile SIM card

The India Supreme Court ruled that people should not be required to have their Aadhaar (national identification scheme) details cross-referenced with a government database to be able to obtain a mobile SIM card. Instead, mobile phone providers can capture and store subscriber information without referencing it to the government’s national identification scheme. SOURCE: PI .

Ireland debates mandatory SIM card registration

In March 2017, Ireland debated a mandatory SIM card registration policy, proposed by Senator Aidan Davitt; however, the Minister for Communications, Climate Action and Environment, Deputy Denis Naughten, was opposed to such a policy. He noted that easy access to Ireland’s telecommunications services was a societal benefit, and with prepaid SIM cards there was no need to collect additional information to ensure future payments. Additionally, Ireland’s three main telecommunications providers already offered voluntary registration. SOURCE: Houses of the Oireachtas .

In Chile the attempt to increase data retention obligations of telecom companies is declared unconstitutional 

The Chilean Government tried to increase data retention obligations of telecom companies through administrative Decree No866, in a manner incompatible with the right to privacy and the legal and constitutional provisions in force. The Decree was declared unconstitutional. SOURCE: PI .

All unregistered SIM cards to deactivated in Belgium

As of midnight on June 7, 2017, all unregistered prepaid SIM cards in Belgium were to be de-activated, following a six month grace period from when mandatory SIM card registration legislation came into effect. By June 7, 2017, roughly 85% of SIM card subscribers had been registered. SOURCE: Decroo .

India adds biometrics to SIM registration scheme

On June 15, 2017,, the Department of Telecommunications in India announced it will begin requiring biometric SIM card registration for new subscribers, and that it will also use biometrics to re-verify existing subscribers. New subscribers are required to biometrically register to allow for comparison with their Aadhaar credentials in a government database. Aadhaar is India’s national personal identification scheme.

Germany strengthens SIM card registration requirements

From July 2017, all SIM cards in Germany must be registered under peoples’ full names and an address that matches their national ID. SOURCE: Fandom .

Indonesia makes SIM card registration mandatory

As of 2017, to obtain a SIM card, Indonesians are required to provide their mandatory ID card, known as Kartu Tanda Penduduk (KTP), and foreigners are required to provide their passport. SOURCE: GSMA (pg. 34) .

Bangladesh bans sale of SIM cards to Rohingya refugees

In September 2017, the Bangladeshi government banned telecommunications providers from selling SIM cards or phone plans to Rohingya refugees, citing security concerns. SOURCES: Yahoo ; CBS News .

Lebanon plans to introduce biometric SIM card registration

In December 2017, it was reported that the Cabinet planned to introduce biometric SIM card registration, which would force Lebanese citizens and residents to provide a thumbprint to purchase a SIM card. Similarly, the Lebanese government reintroduced a proposal for IMEI registration, mandating that everyone who purchased a phone to have their identity attached to the IMEI number of the device. SOURCES: Al-Jadeed TV ; PI .

The president of Paraguay vetoes a bill to collect biometric data from mobile subscribers

In 2017, Congress had approved a bill "that regulates the activation of mobile phone service" that would have forced everyone using a cell phone to provide a fingerprint to activate their cell phone lines, but the president of Paraguay vetoed the legislation. SOURCE: PI .

Polish government introduces counterterrorism law that includes mandatory prepaid SIM card registration

In June 2016, the Polish government passed a package of counterterrorism legislation that included a prohibition against people being able to purchase anonymous, prepaid SIM cards. The Polish government claimed that this legislation was necessary to provide security for two upcoming international events that Poland was set to host in July 2016: the North Atlantic Treaty Organization (NATO) summit and World Youth Day. Pre-existing had until February 2017 to register their SIM cards, or the cards would be blocked. SOURCES: HRW ; EDRI ; Telegeography .

Pakistan requires mobile phone users to verify their identities through fingerprints in national database

Since July 2016, SIM cards must be registered to their user, and SIM cards must also be biometrically verified against the National Database and Registration Authority's (NADRA) national database, often by fingerprint. The government plans to have all SIM cards biometrically verified. As of March 2015, 68.7 million SIMs had been biometrically verified out of 103 million SIMs in use at that time. Failure to biometrically register a SIM card will result in it being deactivated. SOURCES: Pakistan Today ; The Guardian ; The Express Tribune .

Malawi makes SIM card registration mandatory

In October 2016, Malawi passed the Communications Act of 2016 to make SIM card registration mandatory. People are required to provide their full name, identity card number or other ID, residential and business addresses, and any other information the telecommunications provider deems necessary.

Argentina announces the creation of the Mobile Communications Service Users’ Identification Registry

In November 2016, the Ministry of Communications and Ministry of Security announced the creation of the Mobile Communications Service Users’ Identification Registry. It requires Argentina's National Communications Agency El Ente Nacional de Comunicaciones (ENACOM)) to create a registry with the identity of all mobile communication users. Each phone number is linked to the identity of its owner. SOURCE: ADC Digital .

Belgium makes registration of prepaid SIM cards mandatory

In December 2016, it became mandatory in Belgium for all new prepaid SIM cards to be registered. For users who had purchased prepaid SIM cards before the new legislation came into effect, there is a six-month grace period for them to register their SIM cards that ends June 7, 2017. This legislation is part of a package of anti-terrorism legislation, which was passed following terror attacks in Belgium. SOURCE: Decroo .

Bangladesh introduces biometric SIM card registration

Bangladesh added a requirement to its mandatory SIM card registration policy that operators validate customers’ identities using their fingerprints, which will be matched against fingerprint data stored through the national identification system. SOURCES: Advox ; GSMA (pg. 42) .

Uganda connects SIM card information with ID information

The Ministry of Security ordered the Uganda Communications Commission to verify information provided by telephone users in the SIM card registration system by matching it with data collected during the National Identity card registration exercise. To bring its mandatory SIM card registration policy in line with the Registration of Persons Act 2015, Uganda required that people register their SIM card exclusively with their national ID card, as no other form of ID will be accepted going forward. SOURCE: TechJaJa .

Zimbabwe disconnects one million of unregistered SIM cards

In November 2015, Zimbabwe’s largest mobile service provider disconnected at least one million SIM cards because they were unregistered. SOURCE: PI .

Egypt makes SIM card registration mandatory

Egypt finalized a policy of compulsory SIM card registration. Operators must require their clients to provide them with personal data including ID card copies and numbers. Operators are required to review the personal data they hold in order to correct, update and complete the data of their customers; thus, operators have access to at least parts of the civic registry database of their clients. Bulk access to the database, however, is not permitted under Article 13 of the civic registry law 143/1994. SOURCE: PI .

Lebanon ends International Mobile Equipment Identity (IMEI) registration policy

Telecommunications minister Boutros Harb ends the policy of registering peoples' IMEIs , which identifies a physical phone or handset. The policy been introduced the year before. According to the government, the policy was ineffective and costly. SOURCE: Business News .

Central African Republic introduces mandatory SIM card registration policy

The Central African Republic (CAR) made SIM card registration mandatory. People without a form of ID are permitted to register provided they come to register with someone who does have an official form of ID. SOURCE: Telegeography .

Morocco enforces a ban on anonymous SIM cards

In April 2014, ANRT, the telecom regulator, started enforcing a ban on anonymous SIM cards. Mobile operators have been compelled to identify their subscribers, including prepaid SIM cardholders. ANRT justified the measure by its efforts to comply with Act 09-08 on the protection of individuals with regard to the processing of personal data. The measure provoked criticism from privacy activists and journalists who pointed that anonymous phone cards were important for protecting journalistic sources. SOURCE: ANRT .

Tunisia tightens rules for SIM card registration

Mobile phone customers in Tunisia are required to present documentary evidence to prove their identity upon purchase of a SIM card. Telecom operators keep records of customers’ data, including identities, dates of birth, postal addresses, and national identity numbers (CIN). In March, the government tightens the rules required for allocating SIM cards in an apparent effort to fight terrorism. Pursuant to that effort, in July, the telecom regulator INT threatened operators who failed to comply with the regulations with sanctions. SOURCE: INTT .

Thailand makes SIM card registration mandatory

Since June 2014, a request from the National Broadcasting and Telecommunications Commission (NBTC) makes it mandatory for operators to register SIM cards on their networks. SIM vendors use an application downloaded on their own smartphone to register the SIMs. In order to register a SIM card, the vendor takes a picture of the code on the SIM card and a picture of the buyer's ID card with the application, which then sends the information to the NBTC server. Once the information is approved, the NBTC sends back a message to the vendor allowing them to activate the SIM card. In an attempt to address privacy concerns, the NBTC has explained that the application automatically deletes the pictures from the vendor's phone. Foreigners who do not have a Thai ID card may use their passport. SOURCE: Nation Multimedia.

Kenya makes SIM card registration mandatory

The Kenya Information and Communications Act 2013 makes it a criminal offence to fail to register one's SIM card. Not complying can result in a fine up to KES 100,000 (USD 1,150/ GBP 760,00) and/or imprisonment (up to six months). 

Zimbabwe makes SIM card registration mandatory

Under the Postal and Telecommunications Act, the government requires all SIM cards to be registered to an identified individual. In order to purchase a SIM card from a telecommunications provider in Zimbabwe, an individual must produce his or her national identity card or passport and provide personal information, such as full name, permanent residential address, nationality, gender, and subscriber identity number. Under the regulations, the provider must send this information to POTRAZ (Postal and Telecommunication Regulatory Authority of Zimbabwe) where it is added to a database, controlled by POTRAZ, known as the Central Subscriber Information Database. POTRAZ retains the information in the database until five years after the customer’s contract expires. SOURCE: PI .

Mexico repeals mandatory SIM card registration

In Mexico, mandatory SIM card registration is repealed. The Federal Institute for Access to Information and Data Protection (IFAI) is required to destroy all personal data of Mexicans contained in the registry. SOURCE: Informador .

Uganda makes SIM card registration mandatory

In March 2012, registration of SIM cards became mandatory in Uganda. The Uganda Communications Commission stated that SIM registration information would be stored confidentially by telecommunications operators in a secure database. People could present any official ID document, including a driver’s license or passport. SOURCES: TechJaJa ; GSMA (pg. 38) .

Democratic Republic of Congo makes SIM card registration mandatory

The Democratic Republic of Congo (DRC) made SIM card registration mandatory. People from the DRC are permitted to use a passport, driver’s license, voter card, student card, or service card to register. Refugees can use a Refugee ID card issued by the United Nations High Commissioner for Refugees (UNHCR), passport, national ID card, or voter ID card from their country of origin to register for a SIM card. SOURCES: Leganet ; GSMA (pg. 44) .

Colombia starts developing IMEI registration system

SIM card registration is not currently mandatory in Colombia but since 2011 the Colombian government has been developing a cell phone registry system that aims to avoid and deter cell phone theft. The system has two main parts: IMEI databases (a 'positive' database and a 'negative' one) and a verification scheme. Mobile carriers should block any IMEI listed on this negative database to bar them from working on their networks. Also, a verification procedure was devised to keep both databases operational and effective. Based on communications metadata, the activity of each cell phone in Colombian networks is monitored to detect counterfeit or duplicated IMEI, along with devices that lack a certificate of conformity. 

Zambia makes SIM card registration mandatory

Zambia mandated SIM card registration. A form of ID and a proof of address are required to register. Zambian nationals can use a passport, national registration card, driver’s license, or voter card, while foreigners can use a passport or work permit ID card. Refugees and asylum seekers may face challenges in registering. SOURCES: ZICTA ;  GSMA (pg. 45) ; UNHCR (pg. 22) .

Nigeria makes biometric SIM card registration mandatory

In November 2011, Nigeria passed the Communications Commission (Registration of Telephone Subscribers) Regulations (2011) , which require mobile phone subscribers to allow their finger prints and a biometric map of their faces to be collected and registered to their SIM card, which are then stored in a central government database.

Mexico makes SIM card registration mandatory

Mandatory SIM registration is introduced under the National Mobile Telephone User Registry (Registro Nacional de Usuarios de Telefonía Móvil, 'RENAUT') scheme. The scheme requires new subscribers to be fingerprinted upon purchasing a handset or phone contract. SOURCE: Telegraph .

Greece makes prepaid SIM card registration mandatory

Greece adopted legislation to identify people who used mobile phone equipment and services, which included mandatory registration of prepaid SIM cards. Greece planned to block all unregistered SIM cards after July 2010. SOURCE: Mitek Systems .

Botswana, Burkina Faso, and Sudan mandate SIM card registration

Botswana, Burkina Faso, and Sudan introduce policies to require SIM card registration. Botswana gave people until December 31, 2009, to register their SIM cards or any unregistered cards would be disconnected. Beginning January 1, 2010, SIM cards will only be activated once a person has registered the card. SOURCES: DIW (pg. 2) ; Telegeography .

Brazil expands SIM card registration requirements

Under Article 42 and 58 of the Regulation 477/07 of Anatel, users must provide a minimum set of personal data to be able to subscribe to a mobile telephone service. This information includes name, identity card number, and taxpayer number. Specific regulation exists for foreigners who wish to buy a Brazilian SIM card and requires that they present their passport.

Senegal and Mauritius adopt mandatory SIM card registration policies

Both Senegal and Mauritius mandate SIM card registration, in an effort to combat fraud and crime. SOURCE: DIW (pg. 2) .

India makes SIM card registration mandatory

In 2005, India introduced mandatory SIM card registration. SOURCE: GSMA (pg. 33) .

Argentina makes SIM card registration mandatory

Law 25/891 on Mobile Communications Services makes registration of SIM cards mandatory for all mobile phone users. 

Switzerland makes SIM card registration mandatory

Switzerland mandates user registration for prepaid SIM cards. SOURCE: GSMA (pg. 7) .

Brazil introduces SIM card registration

In 2003, Brazil made SIM card registration mandatory and required all subscribers to present a proof of identity, such as their Cedula de Identidade (official national identity card), driver’s license, or taxpayer number. Telecommunications providers are required to store their customer information in a secure database. SOURCES: National Telecommunications Agency (Brazil) ; GSMA (pg. 41) .

South Africa makes SIM card registration mandatory 

Under the 2002 Regulation of Interception of Communication Act (RICA) , all SIM cards, whether used in a mobile phone or for data, must be registered with the state via the person's service provider. A South African citizen must provide his or her name, address and identity number. For non-citizens, a name, address and passport number are required.

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The Rise of African SIM Registration: The Emerging Dynamics of Regulatory Change

2014, First Monday

The African experience with mobile telephony has been extolled as a defining moment in the continent's contemporary economic, social, and political development. Yet SIM (Subscriber Identity Module) registration schemes are threatening to throttle the technology’s developmental potential. These mandates, which require the registration of identity information to activate a mobile SIM card, are fast becoming universal in Africa, with little to no public debate about the wider social or political effects. Whereas some authors have explored the motivations behind these drives, as well as their potential economic impacts, this paper focuses its critique on the broader diversity of implications of this regulatory transformation. Viewing SIM registration through a lens that surveillance studies and information & communication technologies for development, it examines elements of resistance across a range of actors, as well as other emerging effects like access barriers, linkages to financialization, and Africa’s budding mobile surveillance society.

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An Exploratory Study on Policy Transfer for SIM Card Registration in Malawi

2. background to the study.

Mandatory SIM card registration can be described as the process of recording mobile phones with their personal details for active prepaid SIM cards (Jentzsch, 2012). Personal data such as name, physical address and contact details are recorded and stored on a database. In some cases, biometric data i.e. photograph and finger prints are also recorded (Donavan & Martin, 2012). Identification of the mobile phone users is crucial in the SIM registration process.

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The SIM Card Registration Act

Amicus Curiae

By Luke Morgan B. Codilla

T he unregulated purchase, use, and deactivation of SIM cards made it difficult for law enforcement agencies to identify and apprehend those who commit wrongdoings with the use of cellular phones. For years, it has been common to see news articles of victims falling prey to scams and/or other cybercrimes, only for us just to be reminded to be more careful in dealing with unknown contacts who reach out to us out of the blue.

Aimed at putting an end to the perpetration of crimes through the use of unregulated SIM cards, President Ferdinand Marcos, Jr. signed into law on Oct. 10 the SIM Registration Act or RA No. 11934.

Section 4 of RA 11934 introduces the system of mandatory registration of SIM cards as a pre-requisite to its activation. All SIMs to be sold by Public Telecommunications Entities (PTEs) or resellers shall be in a deactivated state. All existing SIM subscribers shall register their SIMs with their respective PTEs within 180 days from the effectivity of the law, which may be extended by the Department of Information and Communications Technology (DICT) for a period not exceeding 120 days. Failure to register the existing SIM shall result in the automatic deactivation of the SIM, which may only be reactivated after registration.

For existing postpaid subscribers, the PTE shall include their data in the SIM Register to align with the registration requirements of the law.

Under Section 6 of RA 11934, a SIM Register shall serve as the PTEs’ database containing information required under the Act, which are the full name, date of birth, sex, and address of end-users. PTEs shall ensure that the data is secured and protected at all times, and shall comply with the minimum information security standards prescribed by the DICT consistent with internationally accepted cybersecurity standards and relevant laws, rules, and regulations.

In case of any change in the information of the end-user, or the loss of the SIM, death of the end-user, or any request for deactivation, the end user shall immediately inform or report to the PTE which in turn shall deactivate the SIM within 24 hours. However, the PTE is obliged to retain all information for 10 years after deactivation.

Should an end-user receive a suspicious or potentially fraudulent text or call, the PTE is obliged to provide reporting mechanisms for their subscribers, and shall, upon due investigation, deactivate, either temporarily or permanently, the SIM used for the fraudulent text or call.

Under Sections 9 and 10 of RA 11934, all information obtained during the registration process shall be absolutely confidential. However, disclosure of the full name and address of an end-user shall be made only in four instances: a.) in compliance with any law obligating the PTE to disclose such information in accordance with the Data Privacy Act; b.) in compliance with a court order or legal process upon finding of probable cause; c.) upon the issuance of a subpoena by a competent authority based on a sworn complaint that a specific mobile number was or is being used in the commission of a crime or that it was utilized as a means to commit a malicious, fraudulent, or unlawful act, and that the complainant is unable to ascertain the identity of the perpetrator; or, d.) with the written consent of the subscriber.

Section 12 of RA 11934 provides that within 60 days from the e ff ectivity of the law, the National Telecommunications Commission shall set the guidelines for the monitoring and proper implementation of the law and shall promulgate the implementing rules and regulations for the effective implementation thereof.

RA 11934 shall take effect 15 days after its publication in the Of f icial Gazette or in a newspaper of general circulation. Considering that the law was published in the Of f icial Gazett e on Oct. 12, it took e ff ect on Oct. 27.

The views and opinions expressed in this article are those of the author. This article is for general informational and educational purposes only and not offered as and does not constitute legal advice or legal opinion.

Luke Morgan B. Codilla is an associate of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW), Davao Branch.

(6382) 224-0996

lbcodilla @accralaw.com

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