Photo: Alexander Artemenkov / TASS
The economic development Ministry has opposed the idea to require operators to collect data about all subscribers, collectively, use the phone or tablet with a single SIM card. The project is contrary to current legislation and will lead to additional costs to operators, says Ministry
The economic development Ministry has opposed the idea of the Ministry of communications to require all operators to record in the contracts data of all users having access to the device (e.g. phone or tablet) installed therein a SIM card. Appropriate feedback on the draft amendments in rules of rendering of telephone communication services published on the portal regulation.gov.ru.
According to the idea of the Ministry of communications, the contract for the provision of communication services should contain information about all the actual users of the services. We are talking about individuals who in agreement with the subscriber who owns the SIM card, can use it device. Operators must ensure the sale of the SIM card entering into the contract data — surname, name and patronymic, address of place of residence and requisites of the document proving the identity. At the request of the authority conducting operational-investigative activity, the operator will have to request a list of all the people who have access to the device.
If the actual personal data of users will not match the data specified in the contract, within 15 days, the operator will have to stop providing services to this client to “cure the breach”. In addition, for validation of data the operator can send the caller an offer to top up your account any amount of non-cash payment from a Bank account. In the explanation it was mentioned that the measures will ensure the protection of the citizen and society against terrorism and will help to more effectively carry out operational-search activities.
In its conclusion the Ministry of economic development indicates that the draft act does not prescribe the order of actions in respect of already issued instruments. The number of active SIM cards in Russia is estimated at 251,6 million units is the actual number of the concluded contracts on rendering of services of cellular communication. In the project there is no limit on the number of requests per unit of time. That is, it can be “one-time request of the competent state authorities”.
For entering data will require a personal visit to all clients who use the device, to the sales office, because the operator is not entitled to unilaterally change the contract. The implementation of the project may lead to the fact that the operator will need to modify the software, to develop and implement new technical solutions, equipment, hire additional personnel, which could lead to additional costs stated in the opinion. The Ministry of communications also indicated that such costs would be required.
In addition, the proposed changes restrict the constitutional right of citizens to privacy of correspondence and telephone negotiations, which is allowed only by court decision. The project contradicts the civil legislation that allows you to donate and give things to other people. “SIM-card can be gifted or transferred if necessary, for example, a minor or person with a disability not having the opportunity to enter into the subscriber agreement or visit the sales office,” reads the opinion. It notes that according to the current legislation on personal data the operator is not entitled to handle the personal information of other actual users devices without their consent.
The authors of the document is unclear on what basis the operator will block the provision of communications services to a subscriber, if you do not match the data of another actual user that the subscriber may not grant without the consent of the latter.
As reported by RBC representative of the Ministry of communications, a draft resolution will be revised taking into account comments of the Ministry of economic development. After the conciliation meeting and the conclusion of the Ministry of justice is a modified version of the project will be published on Regulation.gov.ru.