L.S. 399.45 Regolamenti dwar ir-Reġistrazzjoni ta’ Moduli tal-Identità tal-Abbonati (SIMs) li jintużaw għal Servizzi ta’ Komunikazzjonijiet Elettroniċ

(1)The title of these regulations is the Registration of Subscriber Identity Modules (SIMs) used for Publicly Available Electronic Communications Services Regulations. Citation and commencement.

(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.

1. requires: In these regulations, unless the context otherwise "the Act" means the Electronic Communications (Regulation) Act; Interpretation. Cap.
2. "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 Cap. 418. Cap. 391. Cap. 258. 1 2 [ S.L. 399.45 REGISTRATION OF SUBSCRIBER IDENTITY MODULES (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; Cap. 61. "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. Registration of SIMs. Activation and deactivation of SIMs. 3. 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. 4.

(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. REGISTRATION OF SUBSCRIBER IDENTITY MODULES (SIMS) USED FOR PUBLICLY AVAILABLE ELECTRONIC COMMUNICATIONS SERVICES. [ S.L. 399.45

(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. 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: (

1. a)name and surname; (
2. b)number of the identity document or passport, and where not available, the identification document number of the identity document or passport; and (
3. 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: (

1. a)name of entity; (
2. b)name, surname and designation of the legal representative; (
3. 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 (
4. d)registration number of the entity, where Information required for SIM registration. 3 4 [ S.L. 399.45 REGISTRATION OF SUBSCRIBER IDENTITY MODULES (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: (

1. a)name and surname; (
2. b)an identifying number and the type of document; and (
3. 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. Cap. 9.

(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 REGISTRATION OF SUBSCRIBER IDENTITY MODULES (SIMS) USED FOR PUBLICLY AVAILABLE ELECTRONIC COMMUNICATIONS SERVICES. [ S.L. 399.45 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. 6.

(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. Sanctions. Cap. 418.

(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. 7.

(1)Upon verification of the identity of a subscriber, an undertaking or a reseller shall collect data in accordance with subregulations

(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. Data Protection. Cap. 586. 5 6 REGISTRATION OF SUBSCRIBER IDENTITY MODULES (SIMS) USED FOR PUBLICLY AVAILABLE ELECTRONIC COMMUNICATIONS SERVICES. [ S.L. 399.45 order in the Gazette, the registration details collected pursuant to subregulations

(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: Cap. 386. 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. SCHEDULE (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,
4. Alien Travel document or Alien’s Passport.
5. Police Document issued to third country nationals.
6. Passport issued by the country of nationality.
7. Asylum Seekers document.
8. Driving Licence.