The Security and Intelligence Service seeks to introduce clarity in connection with the information appearing in the mass-media on draft amendment to Law on electronic communications No. 241/2007, in order to impose the obligation to sell prepaid SIM cards only when the customer provides an identity document.
Thus, we inform you that SIS initiated a draft Law, as being an institution responsible for implementing point 2.4 of the Action Plan on the implementation of the National Cyber Security Program of the Republic of Moldova for 2016-2020, approved by Government Decision No. 811/2015, which stipulates to conduct a study with regard to amendment of the Electronic Communications Law, in order to eliminate or reduce the number of anonymous subscribers to electronic communications services.
We mention that, in accordance with the provisions of art. 25 para. (2) of Law No. 100/2017 on normative acts, if the draft provides regulations with impact on entrepreneurial activity, the authority produces only the Regulatory Impact Analysis (RIA) as a research study, carried out in accordance with the legislation. Therefore, the Security and Intelligence Service submitted the RIA of the draft to the working group of the State Commission for the Regulation of Entrepreneurial Activity. At the same time, we emphasize that the Regulatory Impact Analysis represents the initial stage of drafting the law. Consequently, the draft will be submitted for public consultation and will be edited according to objections and suggestions of all the interested entities, especially – civil society and electronic service providers.
Similar regulations have been successfully implemented in over 150 countries around the world, including the member states of the European Union, such as: France, Germany, Belgium, Bulgaria, Hungary, Luxembourg, Italy, Poland, Spain, Slovakia, Greece etc.
The Security and Intelligence Service reiterates that the draft does not aim to ban the sale of prepaid SIM cards or other prepaid electronic services. The SIS proposes to impose the obligation for providers to register the minimum amount of data needed for identification, if necessary and legitimate, of the user of these services.
We emphasize that electronic service providers present data, and law enforcement bodies process it, only on a legal basis, in accordance with criminal procedure law and administrative law, with full respect for all fundamental human and citizen rights and freedoms.
The draft will address the problem of the increased number of people using anonymous electronic services, which hinders law enforcement bodies to identify them during special investigative actions and criminal prosecution actions, in particular of crimes in telecommunications, cybercrime, and terrorist, extremist and other related crimes.
Moreover, the draft will be an additional active instrument for ensuring the state security and public order, along with the existing ones, but also a factor for prevention of illegalities.
At the same time, the draft provides for a transitional period to comply with the new regulations, sufficient to effectively inform all users of the prepaid electronic services.