Lifting of prepaid SIM card anonymity
The federal government has approved the lifting of prepaid SIM card anonymity today. The bill (second reading) and the associated RD (first reading) will now be sent to the Council of State and the Privacy Commission for advice, which will be followed by scheduling in the Consultation Committee for approval by the Regions. The intention is for the new rules to take effect this autumn, once Parliament has granted its approval.
The lifting of the anonymity of prepaid SIM cards is part of the fight against terror. Prepaid SIM cards are ubiquitous in criminal circles and very appealing as a result of the anonymity they offer. The identification of prepaid SIM cards should allow the security and intelligence services to discover the identity of prepaid SIM card users much faster.
SIM card not to be activated until after identification
Telecom operators currently only store customers’ identification data if they have a SIM card which is linked to a subscription. The new rules will mean telecom operators are obliged to also store identification data for prepaid SIM cards in the future. New prepaid cards can’t be activated by the telecom operators until the end users have provided suitable identification. This identification can be done in several different ways:
- Purchase and identification of a prepaid SIM card in a shop
- via a scan of the identity card, after which the data will be transferred to the telecom operator
- via a copy of the identification card and visual inspection, after which the data will be transferred to the telecom operator
- Online purchase and identification of a prepaid SIM card
- via the electronic identity card
- via the electronic signature
- via a certified registration service or digital government applications
- via an online payment transaction
Existing and known customers can also expand their services with their telecom operator with a prepaid SIM card. In such cases the identification would be implicit.
Six month transitional period
The new rules won’t just apply to new prepaid SIM cards, but also to prepaid SIM cards which are already in circulation. Current end users of prepaid cards will be granted a transitional period of no more than six months to identify themselves with their telecom operators, once the new rules have come into force. They can do so by having their identity card read in a sales point or via online identification (electronic identity card, electronic signature, a certified registration service for digital government applications, or an online payment transaction).
The telecom operators are responsible and accountable for the identification. They will provide retailers with the methods to make this identification process possible. The telecom operators will also be responsible for storing the identification data; this data can subsequently only be accessed by security and intelligence services under the strict conditions which currently also apply to accessing identification data for SIM cards with a subscription, as described in the legislation on data retention.