The Telecommunication Bill, 2023, has been passed by both houses of Parliament. The new law (once it receives the assent from the President) will not allow individuals to buy mobile SIM cards without undergoing biometric-based authentication. The bill makes it clear that the identification required would be ‘biometric’. Currently, biometric identification of an individual for KYC purposes is done only via Aadhaar number of the individual. Consequently, it appears logical to infer that a person without Aadhaar won’t be able to buy a new SIM card.
Hence, it is likely that an individual will have to provide his/her Aadhaar number and undertake biometric authentication to get a new mobile number, unless clarification to the contrary is issued by the government. The new law also makes biometric authentication applicable for existing mobile number users as well.
As per the bill passed by the parliament, “Any authorised entity which provides such telecommunication services as may be notified by the Central Government, shall identify the person to whom it provides telecommunication services through use of any verifiable biometric based identification as may be prescribed.”
The law further states that the verifiable biometric based identification to be used by an authorised entity of telecommunication services under sub-section (7) of section 3. The Sub-clause (7) of clause 3 provides that an authorised entity under the legislation which provides notified telecommunication services, shall be required to identify the person to whom it provides telecommunication services through use of any verifiable biometric based identification as may be provided by rules.
Hundred percent clarity on the biometric authentication method and the telecommunication services for which it would be needed will be available only after the rules are notified. However, currently Aadhaar is the only ID proof which facilitates biometric authentication. Therefore, it appears that the requirement of this ID proof for mobile SIM holders is likely to become a necessity soon.
The new law will replace the old Indian Telegraph Act, 1885 and its related legislations. The Telecommunications Bill, which also seeks to replace the Indian Wireless Telegraphy Act, 1933 and the Telegraph Wires (Unlawful Possession) Act, 1950.For user protection, the law states that the prior consent of individuals/users for receiving certain specified messages or class of specified messages needs to be taken. Else penalties would be levied. ‘Specified messages’ include those that offer, advertise or promote goods, services, interest in property, business opportunity, employment opportunity or investment opportunity. Also, the law seeks the preparation and maintenance of one or more registers, to be called as “Do Not Disturb” register, to ensure that users do not receive specified messages without prior consent. Also, the law seeks the creation of a mechanism to enable users to report any malware or unsolicited messages and asks telecom companies to establish an online mechanism where users can register grievances.
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