Regulations, 2020

L.N. 4 of 2020

ELECTRONIC COMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Registration of Subscriber Identity Modules (SIMs) used for

Publicly Available Electronic Communications Services

Regulations, 2020

IN EXERCISE of the powers conferred by article 47 of the

Electronic Communications (Regulation) Act, the Minister responsible

for communications has made the following regulations:-

(1) The title of these regulations is the Registration of Citation and

Subscriber Identity Modules (SIMs) used for Publicly Available commencement.

Electronic Communications Services Regulations, 2020.

(2) The provisions of these regulations shall come into force on

publication in the Gazette, other than regulation 4(1) and regulation

7(3) which shall come into force on an appointed date.

(Regulation 5(4))

1. Residence Document or Residence Permit issued by

Identity Malta Agency.

2. Travel Document according to the Convention on the Status

of Refugees done at Geneva on 28th July, 1951.

3. Alien Travel document or Alien’s Passport.

4. Police Document issued to third country nationals.

5. Passport issued by the country of nationality.

6. Asylum Seekers document.

7. Driving Licence.

€0.54

In these regulations, unless the context otherwise requires

Interpretation.

"the Act" means

the

Electronic

Communications Cap. 399.

(Regulation) Act;

"appointed date" is the date as the Minister responsible for

communications may by notice in the Gazette appoint as laid

down in regulation 4(1) and 7(3);

"the Authority" means

the

Malta

Communications

Communications Cap. 418.

Authority established under

the

Malta

Authority Act;

"competent authorities" means any public authority which

is responsible for the prevention, investigation, detection or

prosecution of criminal offences or the execution of criminal

penalties, including the safeguarding against and the prevention

of threats to the public security, and includes the Security

Service as established under the Security Service Act;

"identity document" means an identity card, a residence

document or an identification document issued under the Identity

Card and Other Identity Documents Act or an identity document Cap. 258.

issued by the pertinent authorities of a Member State of the

European Union, Norway, Iceland, Liechtenstein or Switzerland

or any document listed in the Schedule of these Regulations

Provided that any of these identity documents shall display

as a minimum the name and surname and photograph of the

holder and a number of the identity document or passport

number or an identifying document number;

"minor" means any person who has not attained the age of

eighteen (18) years;

"passport" shall have the same meaning as assigned to it

under the Passports Ordinance;

"reseller" means a provider who purchases or otherwise

acquires SIMs from an undertaking and resells them to

subscribers;

"SIM" means a replaceable or non-replaceable Subscriber

Identity Module;

"stipulated time frame" means six (6) months following

the appointed date when regulation 4(1) shall come into force;

"subscriber" means any person who or which is party to a

contract with the provider of publicly available electronic

communications services for the supply of such services;

"undertaking" means a person providing or authorised to

provide electronic communications networks and, or services or

associated facilities thereto.

With effect from the date of publication of these

regulations, undertakings may commence registering activated SIMs

in accordance with these regulations and subject to the subscriber’s

consent.

(1) Following the date which the Minister may appoint

by order in the Gazette, all activated SIMs or SIMs activated following

such appointed date, shall be registered in accordance with these

regulations within the stipulated time frame

Provided that the appointed date shall not be earlier than six

(6) months from the publication of these regulations.

(2) Following the appointed date stipulated in this regulation,

an undertaking shall be responsible for notifying, where technically

feasible, all subscribers to register their SIMs.

(3) Following the appointed date stipulated in this regulation,

an undertaking shall deactivate all SIMs which have not been

registered in accordance with these regulations within the stipulated

time frame.

(4) Any subscriber who is already a party to a post-paid

contract with an undertaking shall not be required to register in

accordance with these regulations

Provided that on renewal of a post-paid contract, the

undertaking shall verify that this contract contains all the details

required in regulation 5.

(1) The undertaking or the reseller shall register a SIM Information

through any available means provided by an undertaking, provided required

SIM

that the subscriber who is in a possession of an identity document or registration.

passport issued in Malta, provides the following information

(a)

name and surname; and

(b)

number of the identity document or passport.

(2) The undertaking or the reseller shall register a SIM through

any available means provided by an undertaking, provided that the

subscriber who is in possession of an identity document or passport

issued by the pertinent authorities of a Member State of the European

Union, Norway, Iceland, Liechtenstein or Switzerland, provides the

following information

(a)

name and surname;

(b) number of the identity document or passport, and

where not available, the identification document number of the

identity document or passport; and

(c) name and country of the pertinent authority where

possible, that issued the identity document or passport.

(3) The undertaking or the reseller shall register a SIM on

behalf of an entity through any available means provided by an

undertaking, provided that the legal representative of the said entity,

provides the following information

(a)

name of entity;

(b) name, surname and designation of the legal

representative;

(c) number of the identity document or passport of the

legal representative and where not available, the identification

document number of the identity document or passport; and

(d)

registration number of the entity, where applicable.

(4) The undertaking or reseller shall register a SIM through

any available means provided by an undertaking, provided that the

subscriber who is in possession of an identity document listed in the

Schedule, provides the following information

(a)

name and surname;

(b)

an identifying number and the type of document; and

(c) name and country of the pertinent authority where

possible, that issued the document.

(5) An undertaking or reseller shall not register a SIM in the

name of a minor.

(6) A subscriber shall be responsible for any SIM which is

registered in his name but is being used by any other person who is not

the subscriber.

(7) The subscriber on registration shall present valid and

original documentation in accordance with sub-regulations (1), (2), (3)

or (4) of regulation 5, and the undertaking or the reseller shall be

responsible for verifying the identity of the subscriber.

(8) Any person who shall knowingly provide a false document

shall be subject to the applicable provisions relating to the production

of false documents as provided for in the Criminal Code.

(9) When a subscriber wishes to register a SIM but is unable to

carry out the registration himself, the subscriber may authorise a

person to carry out the registration on his behalf, which is subject to

the completion of a declaration found in a registration form, as

provided by the undertaking. The authorised person registering on

behalf of the subscriber shall also provide the undertaking or the

reseller with proof of identification as well as that of the subscriber.

The registration form shall contain the necessary details of the

subscriber and of the person carrying out the registration on his behalf,

including the provision of the related documentation and the

undertaking or the reseller shall be responsible for verifying their

identities.

(10) When a registered subscriber wishes to transfer a SIM to

another person, the registered subscriber shall make this request by

submitting a transfer form, as provided by the undertaking. The

transfer form shall contain the necessary details of the subscriber and

of the person receiving the transferred SIM, in accordance with the

requirements laid down in this regulation, including the provision of

the related documentation, and the undertaking or the reseller shall be

responsible for verifying their identities.

(11) If an undertaking is aware or becomes aware that a person

is, with reference to the documents listed in sub-regulations (1), (2),

(3) and (4) of regulation 5, knowingly making use of a false document

or documents, the undertaking shall refuse to consign the SIM and, if

the SIM has already been activated, the undertaking shall deactivate

the SIM immediately

Provided that this provision shall apply in the same manner

to a reseller except that, where the SIM has already been activated, the

reseller shall forthwith inform the undertaking which shall deactivate

the SIM immediately.

(12) A subscriber shall immediately report a lost or stolen SIM

to the Police and subsequently make a request with the undertaking to

deactivate such SIM upon presentation of a Police report.

(1) Unless otherwise prescribed in these regulations, the Sanctions.

Authority may in accordance with Part VI of the Malta

Communications Authority Act, impose such sanctions including Cap. 418.

administrative fines, as it may consider appropriate upon any

undertaking for any breach of any of the provisions of these

regulations.

(2) Any person who sells, issues, distributes or puts into

circulation SIMs in breach of these regulations, shall be liable on

conviction to a fine (multa) of not more than twenty-five thousand

euro (€25,000) in respect of each SIM, and upon the demand of the

prosecution, the Court may order that any SIMs be forfeited and

delivered to the Commissioner of Police.

(1) Upon verification of the identity of a subscriber, an Data Protection.

undertaking or a reseller shall collect data in accordance with sub-

regulations (1), (2), (3) and (4) of regulation 5, excluding physical and

electronic copies, if any, of valid and original documentation attesting

the truthfulness of the details.

(2) The data collected pursuant to sub-regulations (1), (2), (3)

and (4) of regulation 5 shall be kept in a register held by the

undertaking, subject to the provisions laid down in the Data Protection Cap. 586.

Act, including any regulations made thereunder, and the relevant

European Union law.

(3) Following the date which the Minister may appoint by

order in the Gazette, the registration details collected pursuant to sub-

regulations (1), (2), (3) and (4) of regulation 5 shall be kept by the

undertaking for a period of six (6) months following deactivation of

the SIM, unless such data is requested by the competent authorities for

the performance of their tasks

Provided that where the data is provided to a competent

authority, a record shall be kept by the undertaking and the respective

competent authority in accordance with the Data Protection Act

including any regulations made thereunder and the relevant European

Union law.