Bill to allow authorities to access info in prepaid SIM card

MANILA, Philippines —A written request from law enforcers is all it would take to extract information about a mobile prepaid subscriber whose phone may have been used to commit a crime, according to the proposed “SIM Card Registration Act” that’s pending approval at the House of Representatives.The 300-strong chamber is poised to consider in plenary session House Bill No. 5793, which requires the registration of prepaid mobile SIM (subscriber identity module) card users to thwart the use of cell phones to commit crime.

Based on its provisions, information about a mobile phone subscriber may be disclosed to authorities upon a duly issued subpoena or court order “or upon written request from a law enforcement agency in relation to an ongoing investigation.”

Confidentiality clause

This is in case “that a particular number is used in the commission of a crime or that it was used as a means to commit an unlawful act,” the bill states.

The proposal, however, introduces privacy safeguards in the form of a “confidentiality clause,” which states that any information in the SIM card registration shall be treated as “absolutely confidential” unless upon the written consent of the subscriber.

But authorities may gain access to the subscriber’s information anyway if there’s suspicion that the phone has been used for illegal activity, according to the bill.

In December, the House information and communications technology panel endorsed the bill for plenary consideration. Its sponsors are Tarlac Rep. Victor Yap and Cagayan de Oro Rep. Rufus Rodriguez.

An earlier version of the bill was passed by the House on third reading in May 2018, during the previous Congress but it stalled in the Senate, forcing the proponents to refile the measure. Counterpart bills in the Senate are still at the committee level.

The House proponents raised the “need to promote accountability in the use of SIM cards and provide law enforcement agencies the tools to resolve crimes which involve its utilization and the platform to deter the commission of wrongdoings.”

Users’ registration

Under their proposal, new prepaid mobile card users will be required to register their SIM cards with a Public Telecommunication Entity (PTE).

They may present their passport, driver’s license, national ID card, voter’s ID, senior citizen’s card and other valid IDs to prove their identity.

All PTEs are required to maintain a SIM card register of their subscribers containing information collected from the registration process.

The following information of mobile subscribers will be stored in the registry: full name, date of birth, gender and address (as they appear in a government-issued ID with photo).

Existing prepaid mobile phone subscribers, on the other hand, will have 180 days, with an extension of no more than 120 days, upon enactment of the bill to register with their PTEs. INQ