Title
Supreme Court
SIM Registration Act
Law
Republic Act No. 11934
Decision Date
Oct 10, 2022
The "Subscriber Identity Module (SIM) Registration Act" requires all end-users to register their SIM cards with public telecommunications entities (PTEs) before activation, imposing penalties for violations and mandating the deactivation of prepaid SIM cards, with the National Telecommunications Commission (NTC) tasked with setting guidelines for implementation.

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.

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