Law Summary
Definitions
- Key terms include: Act (RA 11934), Automatic Deactivation, Barring, Consent, Competent Authority, Deactivated State, End-users, Persons of Concern (POC), Postpaid and Prepaid Subscription, PTEs, Reseller, Serial Number, SIM, SIM Register, and Spoofing.
- SIM includes electronic equivalents like e-SIMs.
- Consent requires informed, freely given approval, evidencible by electronic or written means.
SIM Registration Requirements
- SIMs start in deactivated state, activated only after end-user registration.
- Foreign tourists’ SIMs have a 30-day validity, extendable with visa extension.
- Registration is free and facilities must be accessible including in remote areas.
- Existing subscribers must register within 180 days; possible extension of 120 days.
Registration Process
- Registration to be done electronically on PTE platforms designed for usability and accessibility.
- Required data for individuals: Full name, date of birth, sex, address, ID type and number.
- Juridical entities provide business name, address, and authorized signatory.
- Foreign nationals must submit passport, visa documentation, and proof of address.
- Verification procedures will be applied observing data privacy laws.
Valid Identification Documents
- Acceptable IDs for individuals include government-issued IDs like passports, driver’s license, social security ID, voter’s ID, etc.
- For juridical entities: certificate of registration and authorization documents.
- Minors’ SIMs registered under parents/guardians with required consent.
SIM Register Maintenance
- PTEs maintain a secure digital SIM Register.
- Database used solely for registration and activation purposes.
- Successful submission of registration form certifies registration.
End-user Obligations
- Register SIM within the prescribed period.
- Report changes in information, lost or stolen SIMs, death of subscriber.
- Requests for activation/deactivation must be submitted to PTE.
- Prohibited from selling or transferring registered SIMs without proper re-registration.
PTEs’ Obligations
- Provide secure, user-friendly online registration platforms.
- Maintain accurate SIM registers including postpaid data.
- Send immediate notification upon successful registration.
- Implement processes to update information, block lost/stolen SIMs, deactivate fraudulent SIMs.
- Retain deactivated SIM data for 10 years, ensure confidentiality.
- Facilitate SIM registration in remote areas.
- Comply with Data Privacy Act requirements, including privacy impact assessments and data security.
- Report cyber incidents promptly to DICT and National Privacy Commission.
Confidentiality and Disclosure
- Registration data is strictly confidential.
- Disclosure allowed only under court order, legal process, lawful government request, or with subscriber consent.
- Confidentiality persists post-SIM deactivation as long as data is retained.
- PTEs must comply with subpoenas for crime investigations involving SIMs.
Penalties
- False or fraudulent registration: Imprisonment (6 months-2 years) and fines (₱100,000-₱300,000).
- Sale/transfer of registered SIM without registration: Imprisonment (6 months-6 years) and fines.
- Spoofing SIMs: Min. 6 years imprisonment or ₱200,000 fine.
- PTE refusal to register SIM: escalating fines up to ₱1,000,000.
- Sale of stolen SIMs by PTEs or agents: Imprisonment (6 months-2 years) and fines.
- Breach of confidentiality (intentional/negligent): Fines range from ₱500,000 to ₱4,000,000.
- Liability applies as co-principal for accomplices and without prejudice to other criminal laws.
Miscellaneous Provisions
- Interpretation of the regulations favors privacy protection and end-user rights.
- NTC empowered to issue supplemental guidelines.
- Repeals inconsistent issuances; separability clause applies.
- Effective 15 days after publication.