On Saturday October 18, two new bills hit consumers like bolts from the blue. To understand the one the deals with cellular phones let us look at the Explanatory Memorandum that is recorded in the Telecommunications (Amendment Bill 2008 Arrangement of Sections):
Explanatory Memorandum
“The Bill seeks to amend the Telecommunications Act 1990 (Act No. 27 of 1990).
In the recent past, it has been observed that mobile cellular phones are frequently used to facilitate planning and commission of serious crimes. Also, there has been a spate of thefts of mobile devices by unscrupulous persons. In order to track these sources in the investigation by the Police, the identification of the persons in possession of the cellular devices is very vital. Hence it is considered necessary to lay down provisions making it compulsory for the telecommunications service providers of SIM-cards and mobile cellular phones services to establish at its own cost a system of recording and storing particulars of its SIM-cards and mobile cellular phones and the customers using the SIM-cards or mobile cellular phones services. A dealer or any other person selling or otherwise transferring a SIM-card or mobile cellular phone to any person is required to get the data with the telecommunication service provider suitably recorded and stored or changed and updated. However, this requirement does not apply in case a person transfers his SIM- card or mobile cellular phone to a member of his family residing with him.
“Clause 1 of the Bill sets out its short title and provides for its commencement.
“Clause 2 seeks to insert four new sections 9A, 9B, 9C and 9D in the Principal Act.
The proposed section 9A sought to be inserted in the Principal Act seeks to prohibit any telecommunication service provider who provides a mobile cellular service from activating or reactivating SIM-card or from allowing the use of any mobile cellular phone on its telecommunication system unless the particulars of the SIM-card or cellular phone are recorded and stored by it. The proposed section further sets out the details that have to be recorded and how it should be verified. The proposed section also seeks to require a service provider to ensure that the process of collecting the data, the facility where the information is to be stored and the information itself are secure and only accessible to persons designated or authorized by it and to the Police on request.
A dealer of SIM-cards or mobile cellular phones is required to obtain certain information, should he sell or otherwise transfer any of the items to someone. A customer who sells or otherwise transfers a SIM-card or mobile cellular phone to any person other than his family member residing with him is also required to take similar action.
This information must be conveyed to the telecommunication service provider who is required to keep and update the records relating to the SIM-cards or mobile cellular phones, the matter should be reported to the telecommunication service provider as well as the nearest Police Station.
“The proposed new section 9B in the Principal Act seeks to provide a time limit of twelve months from the date of commencement of the proposed piece of legislation for the telecommunication service providers to record and store the particulars of all SIM-cards and cellular phones used on its telecommunication system.
“The proposed new section 9C seeks to provide for storage of the particulars of registration including any other data required to be stored under the Act and the data shall remain available when required by a person designated by the Minister or by the Police.
“The proposed new section 9D seeks to provide that the evidence given by a technical expert of a licensee in a court of law shall be heard in camera to protect the identity of the technical expert.
Clause 3 seeks to insert a new section 33A in the Principal Act making it an offence, the action of selling or otherwise transferring a SIM-card or mobile cellular phone device in contravention of the requirement of the proposed new section 9A.”
