Behind the SIM card registration veto

The veto of President Duterte on the proposed law that would have required people to register ownership of a SIM card using a valid ID and compelled the use of real names in social media accounts drew some mixed, even surprised, reactions.

Privacy and civil rights advocates, who had earlier strongly opposed the passage of the bill in Congress, could not declare a victory since the Palace’s communications statement explained that the veto was more in opposition of the part about using real names in social media accounts. This implied that had the bill simply involved SIM card registration, it would now have been signed into a law.

The President, who is suspected of relying on bots and trolls starting from 2016 when he was running for the highest post in the land to today while in office, will by such accounts, be understandably against the tightening of accountability in social media use.

Acting Presidential spokesman Martin Andanar said the proposed restrictions on social media use was not part of the earlier versions of the bill, and as such needed more discussion and threshing out, adding that it could give rise to “a situation of dangerous state intrusion and surveillance, threatening many constitutionally protected rights.”

Campaign to override the veto

Lawmakers who had worked on the proposed law were visibly surprised by the President’s veto, and no less than Senate President Vicente Sotto III scrambled for remedies to salvage the congressional work, which included a plan to convene both Houses to overturn the veto.

Sotto suggested that the Palace could then seek intervention from the Supreme Court to declare the social media provision as unconstitutional, thereby leaving the portion on SIM card registration to be enforced as a law.

Unfortunately, the chances of Congress successfully overriding the veto are slim during an election campaign period, with both Houses needing two-thirds of a vote each for an override. Historically too, a veto by the President has never been overturned.

Still, lawmakers are convinced of the need to have new laws to deter the use of electronic devices and apps for illicit purposes like text scamming, bank fraud, trolling, and terrorism by making holders of SIM cards and social media accounts transparent.

Privacy rights risks

Groups opposed to SIM card registration argue that the supposed benefits accruing from requiring proof of identity when getting a SIM card has not really made a dent in the number of crimes associated with mobile phone or data usage.

Additionally, they warn that pre-paid SIM card users may be turned off from embracing the digital world with cumbersome requirements for identity and updating. Pre-paid SIM card users comprise about 79 percent of total mobile phone users in Asia.

More importantly, civil rights groups cite the risk of higher state surveillance and data piracy, which has become more apparent in the former instance when a government leans more on autocracy or in the latter when there is no strong framework on privacy protection.

In cases like China, for example, where its government mandates SIM card operators to capture and validate registration information in a centralized government database, the absence of a data privacy framework can be the perfect ground for repressing freedoms of expression and speech.

Fortunately, the Philippines has in place the Data Privacy Act and the Cybercrime Prevention Act, both passed in 2012, although still adjusting to the need to clarify certain gray areas of the laws and their respective implementing rules and regulations.

Operators who regularly process personal data of clients now follow some stringent directives from the National Privacy Commission (NPC), including adopting data protection policies and putting in place a data breach response team that can act swiftly should a security incident occur.

Processing of violations is still slow, especially against big companies that have suffered successful attacks on its customer data. Consequently, the NPC’s ability to enforce its laws is increasingly being challenged with more attacks on company-held data.

Abusing anonymity

For a young six-year-old regulator, perhaps the NPC’s biggest problem is the changing digital landscape that opens up new opportunities for abuse. When the NPC was organized, there was yet no TikTok, which today enjoys a rapidly growing user base.

With over two billion reported downloads worldwide, the app has correspondingly gained attention of abusers and criminals. User privacy concerns linked to child abuse and spying are some of the problems, with biometrics data misuse a more recent concern.

The popularity of memes has also bred abuse, especially with the rising preference for short videos in social media posts. Memes offer entertainment, but often comes at the expense of others, especially when its creators hide in anonymity.

Civil rights groups can cry foul over incursions in freedoms of expression in the digital world, but the state has the responsibility to ensure that abuses can be prosecuted.

While a SIM registration law can help, strengthening the Data Privacy Act and the Cybercrime Prevention Act while empowering the NPC should be given more attention.

Transparency should work both ways: individuals allowed to say their piece in a responsible manner, unafraid and without the cover of anonymity; and on the other hand, the state quick to respond to abusive behaviors with fairness.

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