Law Summary
Definitions of Key Terms
- End-user: Any subscriber or purchaser of a SIM.
- Postpaid subscription: Services billed after use based on prior agreement.
- Prepaid subscription: Services paid in advance for consumption.
- Public Telecommunications Entity (PTE): Providers of telecom services.
- Reseller: Person or entity selling SIMs to end-users.
- SIM: Subscriber Identity Module including e-SIMs for device identification.
- Spoofing: Transmitting false source information of calls or messages to deceive.
SIM Registration Guidelines
- Registration requires filling out a control-numbered form with personal data.
- Valid government-issued photo ID required; specific acceptable IDs listed.
- Juridical entities must present registration certificates and authorized representative documents.
- SIM registration for minors must be under a parent’s or guardian’s name with consent.
- Foreign nationals must register with passport, Philippine address, and specific supporting documents depending on visa type.
- Tourist SIM registrations valid for 30 days only.
- Remote area registration facilities must be established within 60 days.
- Non-compliance results in non-activation of SIM.
SIM Register Maintenance and Data Protection
- Each PTE shall maintain a secure SIM Register database.
- Information collected can only be used for SIM processing, activation, or deactivation.
- Data protection measures and cybersecurity standards are mandated.
- DICT to conduct annual audits on PTE compliance.
- End-users must report data changes, loss, death, or deactivation requests.
- Deactivation within 24 hours upon report; data retained for 10 years.
- Cyber-attack incidents must be reported within 24 hours.
- Fraudulent use reporting mechanisms must be user-friendly; investigation may lead to deactivation.
Restrictions on SIM Transfer and Sale
- Registered SIMs cannot be sold or transferred without complying with registration requirements.
- Sale of stolen SIMs by PTEs, agents, or resellers is criminally punishable.
Confidentiality of Registration Data
- SIM registration data is confidential and cannot be disclosed, except:
- When required by law (including the Data Privacy Act).
- Under court orders based on probable cause.
- Under this Act’s provisions.
- With subscriber’s written consent (waiver cannot be a condition for subscription).
- Confidentiality starts upon SIM activation.
Authorized Disclosure of Information
- Disclosure allowed only upon subpoena issued after an investigation involving the use of a mobile number in crime or malicious acts.
- PTEs held liable for unlawful disclosure.
- Records maintained for 10 years after SIM deactivation.
Penalties for Violations
- Failure/refusal to register SIM by PTEs: fines escalating from P100,000 to P1,000,000.
- Breach of confidentiality or negligent disclosure: fines from P500,000 to P4,000,000.
- Providing false info or fraudulent docs for SIM registration: imprisonment 6 months to 2 years and/or fines P100,000 to P300,000.
- Spoofing registered SIM: imprisonment at least 6 years and/or fine P200,000.
- Selling stolen SIM: imprisonment 6 months to 2 years and/or fines; corporate officers can be liable.
- Selling/transferring registered SIM without complying with registration: imprisonment 6 months to 6 years and/or fines.
- Abetters liable as co-principals.
- Prosecution does not prevent other criminal or civil actions.
Implementing Rules and Regulatory Oversight
- NTC to issue implementing rules within 60 days in coordination with DICT, DTI, NPC, PTEs, and consumer groups.
- PTEs to submit annual implementation reports to NTC, DICT, and Congress.
Transitory Provision
- Upon effectivity, all prepaid SIMs for sale must be deactivated until registered.
- Penalties apply for failure to deactivate prepaid SIMs.
Interpretation and Legal Provisions
- Ambiguities must be interpreted respecting privacy and subscriber rights.
- Inconsistent laws and regulations are repealed or amended accordingly.
- If any part is unconstitutional, other provisions remain effective.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or newspaper of general circulation.