NPC orders telcos: Remove optional data use consent

MANILA, Philippines — Mobile phone users will not have to tick boxes to give their consent for personal data use when registering their SIM cards online or though web pages provided by telecom service providers.

After meeting with telcos, the National Privacy Commission (NPC) said it was able to get their commitment to include on a separate page the notices and tick boxes unrelated to SIM card registration.

Several quarters have raised data privacy concerns as implementation of Republic Act 11934 or the “Subscriber Identity Module (SIM) Registration Act” began on Dec. 27.

The NPC said its Commissioner John Henry Naga called the meeting on Thursday to shed light on concerns, including notices and tick boxes that may be displayed on telcos’ websites and mobile applications, asking for the users’ permission or consent regarding the use of their personal data submitted for marketing, profiling or sharing with third-party partners.

“Telcos must ensure the secure, ethical and responsible handling of data, especially in all data processing being conducted in compliance with the SIM Registration Act,” Naga told telco executives.

“Their obligation to comply with the SIM Registration Act comes hand-in-hand with ensuring that data privacy and protection is upheld. Such includes the implementation of mechanisms that would allow the assurance to its data subjects that the data being collected are for the purposes of SIM card registration,” Naga stressed.

The NPC said Smart Communications Inc. clarified that the tick boxes were optional and mainly intended to determine whether the SIM card being registered is being used by individual or juridical entity.

For its part, Globe Telecom stated that receipt of commercial and promotional alerts and third-party sharing, among others, were also optional for its clients.

Dito Telecommunity’s SIM card registration, which can be accessed through its application, does not include tick boxes asking for consent on marketing, profiling or sharing with third-party partners.

During the meeting, Naga also directed Smart, Globe and Dito to include modifications and improvements on their websites and applications as part of compliance with the Data Privacy Act of 2012.

Telcos said mobile phone users have the option not to receive promotional alerts.

The NPC maintained that protecting data privacy rights of mobile users is key to successful implementation of SIM Card Registration Law.

The NPC earlier reminded telcos to abide by the Data Privacy Act in processing personal data regarding SIM registration activities.

“In performing their responsibilities under the Subscriber Identity Module Card Registration Act, public telecommunications entities are reminded of their obligation to process our citizens’ personal data in accordance with the Data Privacy Act of 2012,” Naga said in an earlier statement.

“Thus, as an additional layer of protection against fraud and identity theft, the processing involved in selfie verification should pass the general data privacy principles of transparency, legitimate purpose, proportionality and all other data privacy safeguards in the law,” he added.

“The commission will continue to closely coordinate with telcos and other stakeholders for the proper implementation of the law,” NPC said in a statement.

Meanwhile, Sen. Nancy Binay has asked government agencies and telcos to set up mobile kiosks to assist mobile phone registrants, amid reports of spurious text messages, suspicious links to websites and confusion surrounding SIM card registration.

She said mobile kiosks in malls, plazas, schools, community centers will serve as both information booth and SIM registration centers.

“Maybe we can look at, as a template or operational model, the COVID vaccination centers in LGUs. Meaning, one offsite venue that would serve as an inquiry/information booth, and at the same time as a registration center that would assist non-techie mobile users and those without internet access,” Binay said.

She said confusion in SIM registration and the unexpected technical glitches have brought out problems on both ends of the registration process.

Binay said she understands the “birth pains of telcos” in the rollout of the registration program.

The senator likewise urged the DICT to come up with an omnibus and unified nationwide information drive to guide the public about SIM card registration and provide free internet access at offsite registration centers.

There are more than 160 million active mobile users in the Philippines, she noted.

Under the SIM Card Registration Act, cellphone subscribers must register their mobile numbers with their telco providers until April 26, 2023. The policy is aimed at eliminating digital fraud.