REGISTRATION OF SUBSCRIBER IDENTITY MODULES (SIMS) USED FOR PUBLICLY AVAILABLE ELECTRONIC COMMUNICATIONS (sims)

(SIMS) USED FOR PUBLICLY AVAILABLE ELECTRONIC

COMMUNICATIONS SERVICES.

SUBSIDIARY LEGISLATION 399.45

REGISTRATION OF SUBSCRIBER IDENTITY

MODULES (SIMS) USED FOR PUBLICLY

AVAILABLE ELECTRONIC COMMUNICATIONS

SERVICES REGULATIONS

10th January, 2020

LEGAL NOTICE 4 of 2020.

(1)

The title of these regulations is the Registration of

Subscriber Identity Modules (SIMs) used for Publicly Available

Electronic Communications Services Regulations.

(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.

In these regulations, unless the context otherwise

requires

"the Act" means the Electronic Communications

(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

Authority established under the Malta Communications

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 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

(SIMS) USED FOR PUBLICLY AVAILABLE ELECTRONIC

COMMUNICATIONS SERVICES.

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.

* Not yet in force.

(SIMS) USED FOR PUBLICLY AVAILABLE ELECTRONIC

COMMUNICATIONS SERVICES.

(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 through any available means provided by an undertaking,

provided that the subscriber who is in a possession of an identity

document or 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

(SIMS) USED FOR PUBLICLY AVAILABLE ELECTRONIC

COMMUNICATIONS SERVICES.

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

(SIMS) USED FOR PUBLICLY AVAILABLE ELECTRONIC

COMMUNICATIONS SERVICES.

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 Authority may in accordance with Part VI of the Malta

Communications Authority Act, impose such sanctions including

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 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

Act, including any regulations made thereunder, and the relevant

European Union law.

(3) *

Following the date which the Minister may appoint by

* Not yet in force.

(SIMS) USED FOR PUBLICLY AVAILABLE ELECTRONIC

COMMUNICATIONS SERVICES.

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.