Department of Justice (DOJ) Secretary Jesus Crispin C. Remulla on Monday, Dec. 26, assured Filipinos not to be afraid of the SIM Registration Act as the law “will not be used for state surveillance, red tagging or any other nefarious purpose.”
During an inter-agency press conference on Monday, Dec. 26, Remulla said “the collection of data by the telcos (telecommunications companies) will be under stringent regulatory oversight and monitoring of concerned government agencies so the public can be assured that their data and information will be safeguarded.”
The press conference was held jointly by the DOJ, Department of the Interior and Local Government (DILG), Department of Information and Communication Technology (DICT), and the National Telecommunications Commission (NTC).
The four government agencies held the press conference as the government is set to begin the implementation of the law under Republic Act No. 11934 on Tuesday, Dec. 27.
Citing Sections 9 and 10 of the law, Remulla said “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 (4) 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,” he said.
He stressed that “the confidentiality clause in the SIM registration shall take effect at the point of activation.”
“We further assure the public that the telcos’ compliance with their obligation shall be periodically monitored by the relevant government agencies. The law provides that DICT shall perform an annual audit on the telcos’ compliance with information security standards and that telcos are required to submit to the NTC, DICT and both Houses of Congress, on or before the 30th day of April of each year, an annual report on the implementation of theprovisions of the law and theIRR for the previous calendar year,” he said.
He then urged the public and SIM users “to be mindful of their duties and obligations under this law.”
“Tomorrow, December 27, PTEs (Public Telecommunications Entities) or telcos shall start to implement SIM registration so we urge everyone who has a mobile phone, which is almost every single Filipino, to undertake registration of their own SIMs within the 180-day period,” he said.
He advised the public “not to sell or transfer your registered SIMs, use false or fictitious information or use fictitious identities or present fraudulent IDs to register your SIM as these acts are violation of the law and will have corresponding penal sanctions.”
He then reminded telcos: “The success in the implementation of this law lies squarely on your shoulders and you have a duty to fulfill as well as a responsibility to the public who will be entrusting their data and information to you. This government will be vigilant so that data in your SIM Registers are 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.”
“You are to comply at all times with the requirements of the Data Privacy Act of 2012 and issuances of the National Privacy Commission, such as in the conduct of privacy impact assessment on the respective SIM registers prior to the entry of any personal data in the Registers, or within a reasonable time thereafter; implementation of reasonable and appropriate physical, organizational and technical security measures to protect personal data of data subjects throughout the data lifecycle of the SIM Register; enable mechanisms for the exercise of the rights of end-users as data subjects under the DPA of 2012; and ensure that any processing of personal data submitted by the end-user in the registration of their SIM shall have a legitimate purpose which is not contrary to law, morals, public order, and public policy, and meets the criteria for lawful processing of personal data under the DPA,” he also said.
“You are also obliged to retain for ten (10) years from date of deactivation the relevant data and information of any deactivated SIM,” he added.
On the other hand, Remulla said the government will be “vigilant so that data in your SIM Registers are 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.”
“Pursuant to the DOJ’s mandate to investigate crimes and prosecute offenders through the National Bureau of Investigation (NBI) and the National Prosecution Service (NPS), respectively, we are fully supportive of the SIM Registration Act and its IRR because this will address one of the common challenges in the investigation and prosecution of cybercrime and cyber-related cases,” he said.
He cited NPS statistics which show that the case disposition rate in relation to cybercrime has increased from 601 cases in 2020 to 1,218 cases in 2022, with 30 percent conviction rate in 2022 compared to 25 percent in 2020.
“We are hopeful that with the full implementation of the law, these case disposition and conviction rates will be further improved,” he added.
At the same time, Remulla – the chairperson of the Inter-Agency Council Against Trafficking (IACAT) -- said the law will also boost efforts in running after persons involved in trafficking of persons (TIP) and online sexual abuse and exploitation of children (OSAEC).
“DOJ’s support for the SIM Registration Act and its IRR to combat OSAEC is consistent with the declared policy of the State to provide special protections to children from all forms of sexual violence, abuse, and exploitation especially those committed with the use of ICT, provide sanctions for their commission and carry out programs for the prevention, deterrence and intervention in all situations of online sexual abuse and exploitation of children in the digital and non-digital space,” he said.
“It will also be an opportunity for the Philippines to comply with its obligations under international instruments concerning the rights of children to which the Philippines is a signatory or a State party including, but not limited to, the United Nations Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, the International Labour Organization Convention No. 182 on the Elimination of the Worst Forms of Child Labour, and the Convention against Transnational Organized Crime,” he added.
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