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Talk by Dr. Gordon Gow at Harbour Centre (Mar 24, 2005).

OECD Country Profiles

Survey Summary

Country Comparisons

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OECD Country Profiles

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 Australia                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results Australia does require telecom service providers to collect and retain customer information for all types of subscriptions, including prepaid mobile phones. This requirement is specified under the Telecommunications Act of 1997, which was amended in 2000. Currently, the Australian Communications and Media Authority (ACMA) is reviewing this policy, to improve identity checking by changing the collection of information from point of sale to the point of activation. Australia maintains a national Integrated Public Number Database (IPND) for emergency services and law enforcement purposes. Each mobile phone operator is required to submit registration information to the IPND, which is kept in a central database operated by a wholesale carrier on behalf of the Federal Government since 1998. Prior to becoming the ACMA, the Australian Communications Authority (ACA) published annual reports on the results of these requirements. In March 2005, the Australian Privacy Commissioner, as part of a wider review process, investigated a number of allegations against telecommunications providers under the Privacy Act 1988. The ACMA also conducted a consultation in summer 2005 to address perceived problems managing the IPND, working toward a new industry standard to regulate customer information.

Related Documents

Australian Communications and Media Authority. (2006, March 8). ACMA considers improvements to identity check processes for pre-paid mobile phone customers. Retrieved March 27, 2006 from http://www.acma.gov.au/ACMAINTER.65640:STANDARD:1637873332:pc=PC_100468. This web page has been archived.

Australian Communications Authority. (2005, July 1). Telecommunications Act 1997. Retrieved September 27, 2005, from http://scaleplus.law.gov.au/html/pasteact/2/3021/pdf/Tele1997.pdf.
Can be accessed from this website as a pdf.

Australian Communications Authority. (1997, Dec.22). Media Release No. 42 of 1997. ACA Makes Rule Applying to Pre-Paid Mobile Services. Retrieved December, 2003 from http://internet.aca.gov.au/acainterwr/aca_home/media_releases/media_enquiries/1997/42-97.pdf.
The Telecommunications Determination of 1997 specifies regulatory controls on the sale and use of prepaid mobile phone cards. A prepaid mobile phone user must provide identification information to the service provider before being allocated a number. The service provider must keep the information until the user's number is no longer associated with prepaid services.

Ministry for Communications and the Arts. (1997). Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997. Retrieved September 27, 2005, from http://www.dcita.gov.au/__data/assets/word_doc/7974/Carrier_Licence_Conditions_
-_Telstra_Corporation_Limited_-_Declaration_1997.doc.
Carrier Licence Conditions indicate what information is contained in the integrated public number database, how the carrier should use this information and under what conditions the information is accessible. Can be accessed from this website as a word document.

Australian Government. (2005, July 13). Privacy Act 1988. Retrieved September 27, 2005, from http://scaleplus.law.gov.au/html/pasteact/0/157/pdf/Privacy1988.pdf.
A review of this act was undertaken in March 2005. A number of inconsistencies between the Telecommunications Act 1997 (Part 13, section 285) and the Privacy Act have resulted in an increase of disclosure of personal information related to the integrated public numbers database. Complaints made against the telecommunications industry can be found in the Privacy Act 1988 under section 40 (2). Can be accessed from this website as a pdf.

Australian Communications Authority. (2000). Telecommunications (Service Provider - Identity Check for Pre-paid Public Mobile Telecommunications Services) Determination 2000. Retrieved October, 2003 from http://scaleplus.law.gov.au/html/instruments/0/30/0/2004083001.htm.
The Telecommunications Determination 2000 specifies what type of identification information must be collected and verified, and how the information is treated and stored. Can be accessed from this website as a pdf.

Office of the Privacy Commissioner, Australia. (2005, March). Getting in on the Act: The Review of the Private Sector Provisions of the Privacy Act 1998. Retrieved October 11, 2005 from http://www.privacy.gov.au/act/review/revreport.pdf.
Many complaints made against the telecommunications providers fell under the use and disclosure of customer information stored in the public numbers directory. Overall recommendations included amendments to both the Privacy and Telecommunications Act to specify use and disclosure, inclusion of small business in privacy legislation, and possible clarification of Part 13 of the Telecommunications Act. Can be accessed from this web page as a pdf.

Australian Communications and Media Authority. Integrated Public number Database (IPND). Retrieved September 27, 2005, from http://www.acma.gov.au/ACMAINTER.2490560:STANDARD:pc=PC_2469.
The IPND contains public number customer data which includes a public number and associated information such as the customer's name and address and the name of the service provider providing the carriage service. This data may only be accessed and used for the approved purposes specified in clause 10(1) of Telstra's Carrier Licence. This web page has been archived.

Australian Communications Authority. (2000). Explanatory statement to the Telecommunications (Service Provider - Identity Checks for Pre-paid Public Mobile Telecommunications Services) Determination 2000. Retrieved September 27, 2005, from http://www.acma.gov.au/ACMAINTER.2490560:STANDARD:pc=PC_330.
Due to problems with compliance, this determination is to implement a regime through which identity checks can be regulated. The ACA hopes it will eventually become and industry standard. This web page has been archived.

Australian Communications Authority. (2002, April). Integrated Public Number Database (IPND) Data Provider, Data User and IPND Manager (ACIF C555:2002). Retrieved 2005, October 12, from http://internet.aca.gov.au/acmainterwr/telcomm/industry_codes/codes/c555b.pdf.
The industry code addresses issues surrounding data format and procedure in order to maximize data accuracy and efficiency, as well as negating discrimination against the provision of information from the IPND to data providers and data users. As well, the code introduces measures to ensure "reasonable rights", integrity and confidentiality with respect to customer information submitted to the IPND. The industry body responsible for creating code is the ACIF. Can be accessed from this web page as a pdf.

Australian Communications Authority. (2004). Annual Report 2003 - 2004. Retrieved September 27, 2005, from http://www.acma.gov.au/ACMAINTER.2490560:STANDARD:597626673:pc=PC_1208.
The IPND was audited for accuracy, and these results were published in the ACA Annual report for 2003 / 2004 pp.53-54. This web page has been archived.

Australian Communications Authority. (2004). Telecommunications (Service Provider - Identity Checks for Pre-paid Public Mobile Telecommunications Services) Amendment Determination 2004 (no.1). Retrieved September 27, 2005, from http://www.acma.gov.au/acmainterwr/aca_home/
legislation/radcomm/determinations/telecom/telspid_1of04.pdf.
Overview of two amendments made to identity checks for pre-paid mobile phones in 2004. The first involves alternative compliance options for carriage service providers. The second clarified that the determination applied to all pre-paid services. Can be accessed from this web page as a pdf.

Australian Communications Authority. (2005). No evidence of misuse of telephone number database. Retrieved September 27, 2005, from http://www.acma.gov.au/ACMAINTER.2490560:STANDARD:pc=PC_6111.
An ACA investigation into a complaint by the Australian Labour Party about telemarketing activities by the Liberal Party of Australia during last year's federal election campaign found no evidence of misuse of data from the Integrated Public Number Database. This web page has been archived.

Australian Communications Authority. (2005). Telecommunications (Use of Integrated Public Number Database) Industry Standard 2005 (DRAFT) Retrieved September 27, 2005, from http://www.acma.gov.au/acmainterwr/telcomm/industry_standards/
ipnd%20sections%20of%20industry%20v1%2012%20jan%2005.pdf.
The intention of the draft Telecommunications Industry Standard 2005 is to protect the contact information of telecommunications customers held in the Integrated Public Number Database from inappropriate disclosure. Can be accessed from this website as a pdf.

Australian Communications Authority. (2005, May). Consultation Paper for Public Comment on Telecommunications (Use of Integrated Public Number Database) Industry Standard 2005. Retrieved October 12, 2005, from http://internet.aca.gov.au/ACMAINTER.65690:STANDARD:787403924:pc=PC_6124.
The ACA determined an Industry Standard under section 125 of the Telecommunications Act 1997, to protect data in the integrated public number database from improper use and disclosure. Industry Code ACIF C555:2002 neither safeguarded community, nor regulated industry. Can be accessed from this website as a word file.

Australian Department of Communications Information Technology and the Arts (2004, August 12). Integrated Public Number Database (IPND). Retrieved September 27, 2005, from http://www.dcita.gov.au/tel/numbering/integrated_public_number_database_(ipnd).
Overview of Integrated Public Number Database (IPND). Includes information held, protection of personal information in the IPND, and links to related documents. This web page has been archived.

 Austria                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

No formal response for Austria. Informal correspondence indicated that the government of Austria does not require mobile operators to collect customer information when activating prepaid accounts.

 Belgium                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results Belgium does not require the registration of prepaid mobile phone users, and it is not known if they have sought any opinion on the introduction of such requirements. Mobile phone operators in Belgium have no corporate policy or industry wide code of practice regarding the identification of prepaid mobile phone users. No nationally integrated public numbers database has been established.

 Canada                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results Canada does not have an identification requirement for prepaid mobile phone users. However, public statements have been made by the Office of the Privacy Commissioner, civil society and law enforcement agencies with regard to prepaid registration. Law enforcement agencies supported the installation of registration, while the privacy commissioner objected to these measures. In Canada, mobile phone operators and civil society groups have also issued statements in opposition to a registration regime. Canada does not have an integrated public number database, although a national database has been proposed by law enforcement agencies.

Related Documents

Canadian Radio-television and Telecommunications Commission.(2001, Oct.31). Public Notice CRTC 2001-110: Conditions of service for wireless competitive local exchange carriers and for 9-1-1 services offered by wireless service providers. Retrieved Feb.18, 2005 from http://www.crtc.gc.ca/archive/ENG/Notices/2001/pt2001-110.htm.
The CRTC sought views on how to regulate wireless competitive local exchange carriers regarding the provision of 9-1-1 services by wireless service providers. One of the key issues raised was in regard to 9-1-1 services, as specified in CRTC Order 2000-831, in which Microcell was encouraged (not directed) to include subscriber records in the Automatic Location Identifier (ALI) databases. ALI databases provide identification information during 9-1-1 emergency calls. This web page has been archived.

Canadian Radio-television and Telecommunications Commission. (2003, Aug.12). Telecom Decision CRTC 2003-53 Conditions of service for wireless competitive local exchange carriers and for emergency services offered by wireless service providers. Retrieved Feb.18, 2005, from http://www.crtc.gc.ca/archive/ENG/Decisions/2003/dt2003-53-1.htm.
The CRTC outlines regulations surrounding wireless emergency 9-1-1 services (E9-1-1). Wireless carriers were required to provide E9-1-1 services to subscribers where available; to establish a toll-free phone access to Public Safety Answering Points requiring emergency information; to create a plan informing customers of the limitations of wireless E9-1-1. Telecom Decision CRTC 2003-53-1 revised Appendix 2.1 (b). Wireless carriers are now encouraged, but not required, to accurately record and verify subscriber information. This web page has been archived.

Gow, Gordon A., & Ihnat, Mark (2004). Prepaid Mobile Phone Service and the Anonymous Caller: Considering Wireless E9-1-1 in Canada. Surveillance & Society 1(4), 555-572.
Reports on a study into the development of Wireless E9-1-1 emergency services in Canada. Initial focus centered on privacy concerns in the context of an emerging location based service for mobile phone users. Although there is a reasonable level of privacy protection in Wireless E9-1-1, wireless service providers must obtain verifiable subscriber records. This paper considers the right to anonymity for prepaid phone users. Can be accessed from this website as a pdf.

Office of the Privacy Commissioner of Canada. (2002, Nov.25). Privacy Commissioner's reply comments regarding the "Lawful Access" proposals. Retrieved Apr.19, 2004, from http://www.privcom.gc.ca/media/le_021125_e.asp.
Privacy Commissioner George Radwanski takes exception to the Lawful Access proposals. He believes that requirements to identify and register prepaid phones or phone cards would be a gross invasion of privacy, because sensitive personal information, such as driver's license and credit card numbers, would need to be collected and transmitted. This web page has been archived.

Office of the Privacy Commissioner of Canada. (2002, Dec.19). PIPED Act Case Summary #104: Cellular phone customer objects to supplying personal information for credit check. Retrieved Dec.11, 2003, from http://www.privcom.gc.ca/media/le_021125_e.asp.
An individual alleged that a telecommunications company, as a condition of service, demanded the collection of his personal information beyond what was required to fulfill legitimate purposes. The Personal Information Protection and Electronic Documents Act (PIPED Act) protects individuals from misuse of personal information, as specified in Principle 4.3.3. However, the business was not in violation of this principle. Section 5(3) states that an organization may collect, use, or disclose personal information only for purposes that a reasonable person would consider are appropriate in the circumstances. The Commissioner concluded that the complaint was not well founded. This web page has been archived.

 Czech Republic                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results The Czech Republic does not require prepaid mobile phone users to be registered. However, a few discussions have been held in Parliament in May 2005 regarding identity requirements for prepaid mobile phones. Each operator maintains corporate policy regarding collection of customer information, although registration is voluntary. The Czech Republic does not maintain an integrated public number database for the express purpose of public safety and law enforcement. However, public directory of telephone numbers is published, but only contains numbers of subscribers who have requested their publication.

 Denmark                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results Denmark does not require the registration of mobile phone users. It is not known whether phone operators in Denmark have produced corporate policy or an industry wide code of practice with respect to identification of anonymous prepaid mobile phone users. Denmark does not have an integrated public number database.

Related Documents

Danish Competition Authority. (2004, June 17). Competition Report 2004. Retrieved October 25, 2005, from http://www.ks.dk/english/publications/2004/kr2004/chap3/.
As denoted in Chapter 3, competition problems in the telecommunications sector include increased expenses for those calling from a fixed-line telephone to a mobile telephone, and more stringent requirements for mobile telecommunications companies in Demark with regard to commitment periods than most other EU countries. This web page has been archived.

National IT and Telecom Agency, D. (2000, July 6). Exec655 2000 Number Information Databases. Retrieved October 25, 2005, from http://www.itst.dk/wimpdoc.asp?page=tema&objno=95024214.
This document covers requirements for collecting, registering and delivering number information data, as well as consumer protection. This web page has been archived.

 Finland                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

No response to survey.

 France                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results France does require mobile phone operators to keep identification information about customers. However, each mobile phone operator has to keep registration information. Compliance is not enforced. French mobile operators do not have a known corporate policy or industry wide code of practice with respect to the collection of identification information from mobile phone users. France does not have an integrated public number database.

 Germany                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results Germany requires prepaid mobile phone users to be identified and registered. Under the Telecommunications Act of 22 June 2004, mobile phone operators are legally required to obtain subscriber information, including name, address, birth date and duration of contract. This information can be accessed through the Federal Network Agency or Bundesnetzagentur (BNetzA), formerly known as the Regulatory Authority for Telecommunication and Posts. The BNetzA allows a number of authorities to access subscriber information for the purposes of law enforcement and national security. Prior to legalization of these requirements, a mutual statement was published by the data protection commissioners of the single federal states on the registration of prepaid mobile phones. The statement indicated that their research did not adequately address whether there was a need for the ability to investigate prepaid services, and if the recording of prepaid customers’ data would improve the investigation of criminal acts at all (See Statement of Data Protection Commissioners in Related Documents section).

In Germany, there has been some discussion regarding telecommunications surveillance. Although it was acknowledged that registered identities of mobile phone users may not be the same as the actual user, it is believed that criminal actions such as terrorism, sexual offences, white collar crimes and trafficking humans demanded a general extension of telecom surveillance. BNetzA has not yet published a report on compliance with identity requirements. Compliance is not known to be enforced.

There have been a number of studies that explicitly oppose the establishment of identification requirements. Professional opinions from a legal perspective indicated that storing high quantities of sensitive personal information without substantial suspicion is irreconcilable with constitutional rights. Operator associations were unanimous in criticizing both the legal questionability of data protection rights as well as the absence of compensation of costs operators would accrue in collecting and maintaining subscriber records. An academic inquiry also supported this viewpoint. Germany does not maintain an integrated public number database.

Related Documents

Bundesverwaltungsgericht. (2003). Telecommunications Act 2003. Retrieved September 27, 2005, from http://www.bverwg.de/enid/011f4ba61da4a5c82bf6bd712f738210,f3c0a17
365617263685f646973706c6179436f6e7461696e6572092d09
33333633/Pressemitteilungen/Pressemitteilungen_9d.html.
It was not mandatory to collect prepaid mobile phone users' identification under the 2003 Telecommunications Act. In German. This web page has been archived.

Bundesverwaltungsgericht. (2004). Telecommunications Act 2004. Retrieved September 29, 2005, from http://www.bfd.bund.de/information/tkgeng.pdf.
Under the Telecommunications Act 2004, prepaid data must be collected. See section 111 (1) and 112 (1) and (2). In English. Can be accessed from this website as a pdf.

Bundesrat. (2002). Entwurf eines Gesetzes zur Verbesserung der ErmittlungsmaBnahmen wegen des Verdachts sexuellen Missbrauchs von Kindern und der Vollstreckung friheitsentziehender Sanktionen. Retrieved September 27, 2005, from http://www.dud.de/documents/brdrs-0275-02-020327(niedersachsen).pdf.
The German government has previously used the IMSI (International Mobile Subscriber Identity) Catcher as an alternate means of identifying mobile phone users. Can be accessed from this website as a pdf.

IMSI-Catcher zur Mobilfunkuberwachung bald legal. (2001, November 30). Retrieved September 27, 2005, from http://www.heise.de/newsticker/meldung/23065.
The International Mobile Subscriber Identity Catcher has previously been used by German prosecution authorities. There has been a discussion surrounding the legality of using this instrument. In German. This web page has been archived.

Albrecht, et al. (2003). Rechtswirklichkeit und Effizienz der Uberwachung der Telekommunikation nach den && 100a, 100b StPo und anderer verdeckter ErmittlunsmaBnahmen. Retrieved September 27, 2005, from http://www.iuscrim.mpg.de/verlag/Forschaktuell/FA-Tue.pdf.
The study by the Max-Planck-Institute for Foreign and International Criminal Law in Freiburg addresses the efficacy of prosecuting on the basis of telecommunications surveillance. Overall the paper supported telecom surveillance for criminal investigations, although it acknowledged problems with regards to surveillance, such as use by straw men and the frequent exchange of phone cards. It also referred to the IMEI solution of the Netherlands, where a specific device, but not the user, could be observed. In German. Can be accessed from this website as a pdf.

Breyer, P. (2005). Die systematische Aufzeichnung und Vorhaltung. Retrieved September 27, 2005, from http://www.vorratsspeicherung.de.vu/.
Lawyer Patrick Breyer initiated a complaint to the German Federal Constitutional Court with regard to the Telecommunications Act 2004. He judged that the storage of data is irreconcilable with constitutional rights. In German. Can be accessed from this website as a pdf.

Breyer, P. (2005). TKG-Verfassungsbeschwerde. Retrieved September 29, 2005, from http://www.tkg-verfassungsbeschwerde.de/index.htm.
The following requirements of the Telecommunications Act 2004 violate German constitutional law:

1. Customer obligation to register personal information, with regard to prepaid mobile phone service.
2. Providers must maintain and store customer data.
3. Governmental access to personal data.
4. Providers must cooperate with government without compensation for costs accrued.

Breyer argues against the Telecommunications Act 2004:

1. The common good is not supported by registration. Data is not verified, allowing criminals to remain anonymous.
2. Intensifying prosecution may not lead to better protection of legal goods.
3. Systematic storage of data violates privacy rights, where information is collected without substantial suspicion.

This web page has been archived.

Council of the European Union. (2004). Draft Framework Decision. Retrieved September 27, 2005, from http://register.consilium.eu.int/pdf/en/04/st08/st08958.en04.pdf.
This document on data retention in the EU provoked the German regulatory authority (RegTP) to administer a questionnaire to mobile phone providers. The survey looked to clarify the feasibility of introducing a minimum time period that customer data must be stored. In English. Can be accessed from this website as a pdf.

Das Bundesministerium fur Wirtschaft und Technologie. (2002). Statement of Data Protection Commissioners. Retrieved September 27, 2005, from http://www.lfd.m-v.de/beschlue/ent2002.html#nr.1
Statement of the data protection commissioners, sought by the German government regarding the implementation of registration requirements for prepaid mobile phone users. The commissioners noted that research carried out at that time did not address key questions - research did not demonstrate that registration was necessary and it did not ask if the recording of customer data improved criminal investigation in any manner. In German. This web page has been archived.

BITKOM. (2004). Stellungnahme des BITKOM zur Anhorung des Bundestags-Ausschusses fur Wirtschaft und Arbeit zur Novelle des Telekommunikationsgesetzes (TKG). Retrieved September 29, 2005, from http://www.bitkom.org/files/documents/StN_BITKOM_
TKG_Wirtschaftsausschuss_03.02.04.pdf
BITKOM is an association of providers that criticize the registration of prepaid users due to violations of customer privacy and the missing compensation of costs to operators. This document outlines the estimated costs. In German. Can be accessed from this website as a pdf.

Schmidt-PreuB, M. (2005). Die verfassungsrechtlichen Anforderungen an die Entschadigung fur Leistungen der Telekommunikations-Uberwachung under der Auskunftserteilung. Retrieved September 27, 2005, from http://www.bitkom.org/files/documents/050506_
Gutachten_TKUe-Entschaedigung.pdf
Paper reconciling the financial obligations of providers with German constitutional law. In German. Can be accessed from this website as a pdf.

 Greece                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results Greece has no requirement for registering prepaid mobile phone users. Hellenic law 2774/1999 includes regulations to protect personal data in the telecommunications sector. Under these rules, the ability to use prepaid phones anonymously has not been eliminated. Further, the Hellenic Data protection Authority has decided that if telecommunication companies collect personal data from prepaid users, the data must be correct. This obliges companies to cross-reference the user information with identification documents. The Hellenic Data Protection Authority drew attention to the need for other opinions on prepaid registration during the Draft Bill for the transposition of Directive 2002/58/EC. Greece has not sought opinions on alternative means for identifying mobile customers, and does not produce a report on lawful access activities.

Greek mobile phone operators do not publish a corporate policy regarding the collection of customer information. No industry wide code of practice exists.

Greece does not maintain an Integrated Public Number Database for public safety or for law enforcement purposes.

Related Documents

Hellenic Republic. (1999).Law 2774/1999 The Protection of Personal Data in Telecommunications. Retrieved November 16, 2005, from http://europa.eu.int/idabc/en/document/1172/397
Law 2774/1999 complements Law 2472/1997 on the Protection of Individuals with regard to the Processing of Personal Data. Together these ensure that data is collected only for legitimate purposes. Mobile phone users must consent to processing their personal data for market research or advertisements. In Greek. Can be accessed from this website as a word file.

National Telecommunications and Post Commission. (2001, May). Licences Award Process for the provision of 3G (UMTS) and 2G (GSM/DCS) mobile services. Retrieved November 16, 2005, from http://www.eett.gr/eng_pages/telec/umts/
Download_Documents/Information%20Memorandum%203G%20-%202G
%20Licences.pdf.
The Greek National Telecommunications and Post Commission (EETT) published an English overview of the laws surrounding privacy and telecommunications. Section 3.4 Personal Data Protection Legislation discusses the basic principles on which data is protected. Law 274/1997 states the conditions under which the processing of personal data is considered legitimate. Law 2774/1999 was issued to harmonize telecommunications privacy in Greece with the 97/66/EC Directive. Can be accessed from this website as a pdf.

 Hungary                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results Hungary does have an identification requirement for users of prepaid and post-paid mobiles phones and SIM cards, established in Act No. C on Electric Communication, which came into force on January 1, 2004. Subscribers must register their name or maiden name, residence, place and date of birth and their mother's name. Businesses must register their trade registry number and bank account number. The International Mobile Equipment Identity number of the phone and SIM card is also recorded and associated with subscriber identity information for billing purposes. In Hungary, it is not known whether any explicit support existed in relation to the introduction of registration requirements. The Hungarian Communications Authority and Ministry of Informatics and Communications are government authorities designated to administer identity requirements. Act C of 2003 under 151 (3) allows the Hungarian Communications Authority to enforce compliance with service providers through fines, however, it is not known if these measures have been used. Privacy complaints regarding the mobile sector are filed with the Office of the Parliamentary Commissioner for Data Protection and Freedom of Information. As far as it is known, no IPND exists in Hungary for the purpose of public safety or law enforcement.

Related Documents

National Communications Authority, Republic of Hungary. (2003). Act C of 2003 on Electronic Communications. Retrieved November 18, 2005, from http://www.nhh.hu/english/menu4/m4_8/act_c_2003.pdf.
January 1, 2004, the Act came into force. Identification requirements for all telephone service users are required under Article 129, and include subscriber's name or maiden name, residence, place and date of birth and their mother's name. Businesses must register their trade registry number and bank account number. Subscribers must consent to the use of this data according to the Act. This information may be used by the service provider for monitoring contracts, billing and collecting fees. The International Mobile Equipment Identity number of the phone and SIM card is also recorded and associated with subscriber identity information for these purposes, as specified in Article 157 (2). This data may be transferred by the service provider to legal agencies settling billing disputes, national security agency and investigation authority, public prosecutors, court and bailiff. The National Communications Authority may enforce the accuracy of data submitted by service providers through fines. Article 145 allows emergency call services to access all identification of the calling party and caller location upon request, including those numbers where subscribers have withdrawn or denied the display of their identification information. As far as is discernable from this Act, any database that is created by a service provider may be for billing purposes and must not be integrated with another database. Under Article 160 (3) prohibits data published in electronic subscriber directories from being linked with other data or registries. A joint database may only be established in the case of Article 158, for the prevention of fee evasion. Can be accessed from this webpage as a pdf.

Office of the Data Protection Commission - Hungary. (2005). Annual Report of the Parliamentary Commissioner for Data Protection and Freedom of Information 2004 (Abbreviated Version). Retrieved November 22, 2005, from http://abiweb.obh.hu/dpc/annual_reports/2004/ar_dpc_2004.pdf.
The Office of the Data Protection Commissioner published an annual report for 2004. Page 44 outlines complaints brought against the telecommunications sector. Individuals protested the photocopying of personal identification documents as a condition for obtaining mobile phone services. The mobile phone operators in Hungary are currently being audited. The Data Protection Commissioner was also involved with interpreting the Electronic Communications Act as to whether or not providers are legally obligated to satisfy police requests for subscriber data where police are not the investigative agency. This question arose a number of times with regard to missing persons cases, where the missing person had not established prior consent to the release of their mobile phone location information. Can be accessed from this webpage as a pdf.

 Iceland                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

No response to survey.

 Ireland                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results Ireland does not require the identification of those who use prepaid mobile phones. However, the government did consider a national register for mobile phones to protect minors from harmful content. However, mandatory registration was opposed by mobile operators. The Irish Cellular Industry Association (ICIA) developed an industry wide code of practice that facilitates parental access to minors’ accounts. Ireland does not have an Integrated Public Number Database.

Related Documents

Irish Cellular Industry Association. (2004). ICIA Code of Practice. Retrieved September 27, 2005, from http://www.icia.ie/ibec/buspolicies/buspoliciesdoclib3.nsf/
134e22e12a8f46f780256f24004edf4c/ae75c8609c9de3df80256ea80057778f/
$FILE/ICIA%20Code%20of%20Practice%20final.pdf
Mobile operators Meteor, O2 and Vodafone have developed this Code of Practice establishing standards on parental control for minor's access to mobile services, malicious or offensive communications, spam, internet access and rates. Can be accessed from this website as a pdf.

Irish Cellular Industry Association. (2005). A Parent's Guide to Mobile Phones. Retrieved September 27, 2005, from http://www.icia.ie/ibec/buspolicies/buspoliciesdoclib3.nsf/
134e22e12a8f46f780256f24004edf4c/3eb3e26a0f02343a8025704400300734/
$FILE/A%20Parents%20Guide%20to%20Mobile%20Phones_Final%20Brochure.pdf
This guide is for parents, and contains basics of a mobile handset, as well as promotes the safe and responsible use of mobile phones, particularly among minors. Can be accessed from this website as a pdf.

 Italy                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

No response to survey, however, there are some reports that compulsory identification has been decreed.

 Japan                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results Japan established an identification requirement in April 2005. Prepaid mobile phones were being used as part of a wave of “It’s Me!” phone fraud targeting the elderly. Representatives of operators and consumers were consulted prior to the introduction of this law. An outright ban of prepaid phones was also considered at the time of the consultations. No integrated public number database is established.

Related Documents

Vodafone K.K. (2004, November 30). Vodafone K.K. to Strengthen Prepaid ID Confirmation. Retrieved October 7, 2005, from http://www.vodafone.jp/english/release/2004/041130e.pdf.
Vodafone K.K. - Japan steps up measures to confirm the identification of customers using prepaid mobile phones by implementing a system where new customers must register and confirm their ID on Vodafone's customer information system, and by confirming the identity of existing prepaid customers when requested by law enforcement agencies. Can be accessed from this website as a pdf.

Vodafone K.K. (2005, April 14). Vodafone K.K. to confirm identification of prepaid customers. Retrieved October 7, 2005, from http://www.vodafone.jp/english/release/2005/050414e.pdf
Vodafone K.K. - Japan will introduce a measure to confirm the identification of all customers using prepaid mobile phones on April 25, 2005. Those unable to provide the requested information will have their lines suspended. Can be accessed from this website as a pdf.

Ministry of Internal Affairs and Communications Japan. (2005). White Paper 2005: Information and Communications in Japan. Retrieved October 7, 2005, from http://www.johotsusintokei.soumu.go.jp/whitepaper/eng/WP2005/chapter3-6.pdf.
There have been an increasing number of "It's Me!" cases in Japan, where perpetrators use anonymous prepaid mobile phones to convince elderly victims that they are relatives requiring urgent financial assistance. In response to these crimes, the Japanese Ministry of Internal Affairs and Communications passed Law #31 in April 2005. The law requires the registration of all mobile phone users. The law also punishes the submission of false information, and the transfer of phones or phone services without notifying authorities. Can be accessed from this website as a pdf.

 Korea                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

No response to survey.

 Luxembourg                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

No response to survey.

 Mexico                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results Mexico has no identification requirement for prepaid mobile phone users. It is not known whether the government has sought opinions on registration of prepaid phones, or if alternative means for identification have been investigated. No mobile operators publish a corporate policy regarding customer information in Mexico, and no industry wide code of practice exists. No integrated public number database has been established.

 Netherlands                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results The Netherlands does not have an identification requirement, but did consider implementing one when prepaid phones were first introduced. Upon consultation with the privacy commissioner and mobile phone operators, the authorities were convinced that registration was not necessary to identify the origin or location of a call or the phone number from which the call was made. Despite this rejection of a registration requirement, a December 2004 report indicated that the Netherlands requires prepaid mobile operators to store location data for three months. Mobile operators publish a corporate privacy policy in the Netherlands, but not industry-wide code of practice exists. No integrated public number database (IPND) exists in the Netherlands, however, mobile operators submit user information to a database that operates like an IPND. This database is only accessible to law enforcement agencies, who must obtain information through a government-authorized third party. The database administrator issues an infrequent report concerning use of the database.

 New Zealand                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results New Zealand does not require identification of prepaid mobile phone users. A public statement from the government announced they have no plans to tighten controls on prepaid mobile phones. No operators publish corporate policy on the collection of identification information in New Zealand, and no industry-wide code of practice has been discussed. New Zealand does not have an integrated public number database.

 Norway                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results Norway does have identity requirements for anonymous prepaid mobile phone users, and has legislation in place governing the collection of associated data. The Norwegian government also produces a report on law enforcement or national security activities that includes information about anonymous prepaid mobile phone users. Public hearings were held regarding identification amendments in telecom and electronic communications policy. In Norway, the Norwegian Post and Telecommunication Authority designate identification requirements, and publish annual reports that include information about these requirements. Compliance is enforced. Norwegian mobile operator Telenor has information about registration procedures in their subscription agreement, but no industry wide code for identification collection exists. Norway does not have an integrated public number database.

Related Documents

Norwegian Post and Telecommunication Authority. (2004). Annual Report. Retrieved September 27, 2005, from http://www.npt.no/pt_internet/venstremeny/
publikasjoner/aarsrapporter/arsrapport_2004.pdf.
The Norwegian Post and Telecommunication Authority publishes annual reports on their activities. In the 2004 report, information on identity requirements for prepaid mobile phones can be found on page 13. In Norwegian. Can be accessed from this website as a pdf.

Norwegian Post and Telecommunication Authority. (2004, September 29). Letter to mobile telephone providers re: registration requirements. Retrieved September 27, 2005, from http://www.npt.no/pt_internet/venstremeny/sentrale_vedtak/200400631-32.pdf.
The Norwegian Post and Telecommunication Authority sent letters to all mobile telephone providers on the implementation of the registration requirements. In Norwegian. Can be accessed from this website as a pdf.

Norwegian Post and Telecommunication Authority. (2004, November 8). Letter to mobile telephone providers re: registration requirements. Retrieved September 27, 2005, from http://www.npt.no/iKnowBase/FileServer/reg_sluttbrukere.pdf?documentID=31819.
This document clarifies new requirements for registering prepaid phone users. Two service providers objected to these requirements, as they felt the cost of infrastructure to verify the identity of prepaid customer was prohibitive. Instead, they suggested that prepaid phones be used for a limited time until the identification could be verified. The Ministry of Transport and Communications denied this request, and emphasized that "The main requirement is that public telephone services should not be enabled for use until the user/owner has been registered in an unambiguous way. It is the providers of such services who are responsible for fulfilling this requirement." These requirements can be met by the provision of ID at the point of sale. In Norwegian. Can be accessed from this website as a pdf. The English translation is available as a word document.

Norwegian Post and Telecommunication Authority. (2004, September 27). The Norwegian Telecommunications Market - First Half Year 2004. Retrieved October 28, 2005, from http://www.npt.no/iKnowBase/FileServer/halfyear_2004.pdf?documentID=31768.
On January 28th 2004, the Norwegian Post and Telecommunication Authority (NPT) made clear that all providers of mobile phone services had to register all end-users, including pre-paid customer. After consulting with mobile service providers, Okokrim and Oslo Police, the NPT is preparing requirements and a firm time frame in which to implement mandatory registration. See page 5 of the document for details. In English. Can be accessed from this website as a pdf.

Norwegian Ministry of Transport and Communications - Samferdselsdepartementet. Public hearing to the proposal for the Electronic Communications Act. Retrieved September 27, 2005, from http://odin.dep.no/sd/norsk/dok/hoering/
ferdigbehandlede/028021-080054/dok-bn.html.
The Norwegian government held public hearings to the proposal for the Electronic Communications Act. The consultation paper and comments are available. In Norwegian. This web page has been archived.

Norwegian Ministry of Transport and Communications - Samferdselsdepartementet. (2002, June 19). Høring av utkast til lov om elektronisk kommunikasjon. Retrieved October 28, 2005, from http://www.odin.dep.no/sd/norsk/dok/hoering/
under_behandling/028021-080058/dok-bn.html.
This letter from the Ministry of Transport and Communications explains the background for the proposal for the Electronic Communications Act. The letter invites all relevant parties to give their comments. In Norwegian. This web page has been archived.

NetCom GSM. (2002, September 19). Horingsnotat: Ny lov om elektronisk kommunikasjon. Retrieved October 28, 2005, from http://odin.dep.no/filarkiv/160627/El___031.pdf.
In Section 3.3, NetCom objects to the proposal for a new Electronic Communications Act, which it feels confers the authority to make supplementary decisions onto other agencies, rather than being specified by the Norwegian government. Under Section 5.2, NetCom voices opposition to article 2.9 in the proposed legislation, which regulates privacy protection in two separate legal frameworks - the Act on Electronic Communication and the Personal Data Act. This may involve double regulation, which could result in overlapping or contradictory laws. In Norwegian. Can be accessed from this website as a pdf. The partial English translation is available as two word documents: Section 3.3 and comments on article 2.9.

Norwegian Ministry of Transport and Communications - Samferdselsdepartementet. (2003) Ot.prp. nr. 58 (2002-2003) Om lov om elektronisk kommunikasjon , 2003-04-04. Retrieved September 27, 2005, from http://odin.dep.no/filarkiv/207953/OTP0203058-TS.pdf.
The Odelsting Proposition concerning the Electronic Communications Act was released in connection with the introduction of registration requirements. Sections 13.2 and 13.3 summarize the comments from the public hearing and provides the Ministry of Transport and Communications' own opinion. In Norwegian. Can be accessed from this website as a pdf.

Norwegian Ministry of Transport and Communications - Samferdselsdepartementet. (2003) Innst.O. nr. 121 (2002-2003). Innstilling fra samferdselskomiteen om lov om elektronisk kommunikasjon, 2003-06-06. Retrieved September 27, 2005, from http://www.stortinget.no/inno/2002/pdf/inno-200203-121.pdf.
The report from the Communications Committee concerning the Electronic Communication Act of 2003-07-04 nr. 83 was released in connection with the introduction of registration requirements. In Norwegian. Can be accessed from this website as a pdf.

Norwegian Data Inspectorate. (2002, October 15). Høringsuttalelse fra Datatilsynet. Retrieved October 28, 2005, from http://odin.dep.no/sd/norsk/dok/hoering/
under_behandling/028021-080104/dok-bn.html.
The Data Inspectorate comments on the proposal for a new Electronic Communications Act. Section 2-9 covers the Protection of Communications. The Data Inspectorate does not object to legal access of law enforcement agencies to telephone companies' subscriber information. However, the Data Inspectorate acknowledges that registering phone users involves enormous amounts of personal information on individuals who are not under criminal suspicion, therefore the number of cases in which this information would be useful in solving crimes is minimal. In Norwegian. This webpage has been archived. The English translation of this document can be accessed as a word document.

Norwegian Data Inspectorate. (2003, May 28). Ot.prp.nr.58 (2002-2003) Om lov om elektronisk kommunikasjon. Retrieved October 28, 2005, from http://www.datatilsynet.no/upload/Dokumenter/saker/2003/hoeringstillegg.pdf.
Follow up letters from the Data Inspectorate regarding the proposal for a new Electronic Communications Act. In Norwegian. Can be accessed from this website as a pdf.

Norwegian Data Inspectorate. (2003, June 3). Ot.prp.nr.58 (2002-2003) Om lov om elektronisk kommunikasjon. Retrieved October 28, 2005, from http://www.datatilsynet.no/upload/Dokumenter/saker/2003/ekom2.pdf.
Follow up letters from the Data Inspectorate regarding the proposal for a new Electronic Communications Act. In Norwegian. Can be accessed from this website as a pdf.

Norwegian Ministry of Transport and Communications - Samferdselsdepartementet. Public hearing to the Regulation on Electronic Communications Networks and Services. Retrieved September 27, 2005, from http://www.odin.no/sd/norsk/dok/hoering/ferdigbehandlede/
028021-080112/dok-bn.html.
The public hearing to the Regulation on Electronic Communications Networks and Services was held to obtain opinions on the introduction of registration requirements. In Norwegian. This web page has been archived. Related documents can be accessed from this website as pdfs: Ekom.pdf., Forskriftutkast.pdf.

Norwegian Data Inspectorate. (2003, August 29) Horing - Forslag til ekomforskrift. Retrieved October 28, 2005, from http://www.odin.no/filarkiv/186301/023_Datatilsynet.pdf.
The Data Inspectorate comments on the Regulation on Electronic Communications Networks and Services. Section 6-2 discusses information about end users in information systems. The Data Inspectorate presumes that contact information, such as name, address and number will be made accessible to the general public. Any attempt to identify an individual beyond this information is in excess. If unambiguous identification information is required for internal use, the Data Inspectorate requests that the reasons for collecting this information be made explicit. If credit information is demonstrated to be needed for provision of services, then the personal identification number may be used and deleted immediately. In Norwegian. Can be accessed from this website as a pdf. The English translation is available as a word document.

NetCom GSM. (2003, August 30) Horing av forslag til forskrift om elektronisk kommuniksjonsnett og elektronisk kommuniksjonstjeneste (ekomforskriften). Retrieved October 28, 2005, from http://www.odin.no/filarkiv/186298/020_NetCom_GSM.pdf.
NetCom GSM comments on Section 6-2 in the Regulation on Electronic Communications Networks and Services, which discusses the end result for customer information collected during registration of prepaid mobile phones. NetCom states that fourth paragraph in the regulation should render concrete what kind of contact details can be searched for without previously having obtained consent. In Norwegian. Can be accessed from this website as a pdf.

Norwegian Ministry of Transport and Communications - Samferdeselsdepartementet. (2001). Ot.prp.nr.87 (2000-2001) Om lov om endringer i lov 23. juni 1995 nr. 39 om telekommunikasjon, 2001-05-04. Retrieved September 27, 2005, from http://www.odin.dep.no/sd/norsk/publ/otprp/
028001-050009/index-dok000-b-n-a.html.
The Odelsting Proposition on amendments to the Telecommunications Act was released in connection with the introduction of registration requirements for prepaid mobile phones. In Norwegian. This web page has been archived.

Norwegian Ministry of Transport and Communications - Samferdselsdepartementet. (2001). Innst.O.nr.121 (2000-2001) Innstilling fra samferdselskomiteen om lov om endringer i lov 23. juni 1995 nr. 39 om telekommunikasjon, 2001-05-30. Retrieved September 27, 2005, from http://www.stortinget.no/inno/2000/pdf/inno-200001-121.pdf.
The Report from the Communications Committee concerning amendments to the Telecommunications Act was released in connection with the introduction of registration requirements for prepaid mobile phones. In Norwegian. Can be accessed from this website as a pdf.

Norwegian Ministry of Transport and Communications - Samferdselsdepartementet. (2002). St.meld. nr. 32 (2001-2002) Om situasjonen i den norske mobilmarknaden, 2002-05-15. Retrieved September 27, 2005, from http://odin.dep.no/sd/norsk/dok/regpubl/stmeld/028001-040008/hov005-bn.html.
Section 5.1. of the White paper from the Storting deals with the situation in the Norwegian market for mobile phones. This document was released in connection with the introduction of registration requirements. In Norwegian. This web page has been archived.

Norwegian Ministry of Transport and Communications - Samferdselsdepartementet. (2003). Innst.S.nr.192 (2002-2003) Innstilling fra samferdselskomiteen om situasjonen i den norske mobilmarknaden, 2003-04-10. Retrieved September 27, 2005, from http://www.stortinget.no/inns/2002/pdf/inns-200203-192.pdf.
The report from the Communications Committee concerning the situation in the Norwegian market for mobile phones was released in connection with the introduction of registration requirements. In Norwegian. Can be accessed from this website as a pdf.

Norwegian Justice Department - Justis-Og PolitiDepartementet. (2003). NOU 2003:27 Lovtiltak mot datakriminalitet, 2003-11-04. Retrieved September 27, 2005, from http://odin.dep.no/nou/2003-27/index.htm.
Government reports on law enforcement and national security related to mobile phone registration are available. In Norwegian. This web page has been archived.

Telenor. (1999). Abonnementsvilkar for Telenor. Retrieved September 27, 2005 from http://telenormobil.no/felles/media/
kundeservice/abonnementsvilkaar/Abonnementsvilkaar.pdf
Telenor registration procedures. Can be accessed from this webpage as a pdf.

 Poland                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results Poland does not have an identification requirement for the use of prepaid mobile phones. However, the Ministry of Internal Affairs and Administration, Internal Security Agency and Ministry of National Defence proposed legislation for the registration of prepaid phones to prevent terrorism and crime during legislative procedures connected with the amendment of the 2004 Telecommunications Law. These suggestions were opposed by the mobile phone operators, due to the financial costs they would incur through observing identification collection and verification. In Poland, mobile phone operators publish corporate policies regarding the collection of customer information. No industry wide code of practice exists. Poland does not maintain an integrated public number database.

Related Documents

Ministerstwo Infrastruktury. (2004, May 31). Komunikat w sprawie objecia uzytkownikow kont e-mail obowiazkiem rejestracji. Retrieved October 5, 2005, from http://www.mi.gov.pl/moduly/informacje/informacja.php?
id_informacji=357&opcja=pokaz&typ=2.
Official statement from the Polish Ministry of Infrastructure on a new obligation for mandatory identification of buyers of pre-paid cards. The proposal is brought as an anti-terrorism measure. In Polish. This web page has been archived.

 Portugal                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results Portugal does not have an identification requirement for prepaid mobile phone users. Portuguese operators do not publish corporate policy on registration, and no integrated public number database exists.

 Slovak Republic                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results The Slovak Republic has an identification requirement for prepaid mobile phone users. Customers must provide their ID card number or number from a valid international passport at point of sale. Other information, such as name, surname, academic degree, address and birth registration number may also be collected. This data is kept by mobile service providers and must be available for access by law enforcement authorities through an official request. In the Slovak Republic, mobile phone operators collect and maintain registration information. The operators must co-operate with law enforcement authorities with regard to criminal investigations. Slovakia’s mobile phone operators publish corporate policy as accords with data protection measures specified in all EU member states through Directive 95/46/EC. The legal measures the service providers follow make an industry wide code of practice unnecessary. No integrated public number database exists.

Related Documents

National Council of the Slovak Republic. (2003, December 3). Act No. 610 of 3 December 2003 on Electronic Communications. Retrieved November 23, 2005, from http://www.teleoff.gov.sk/sub3/act.html.
Service provides may collect customer information, such as name, surname, academic degree, address, place of business, telephone number, birth registration number, ID card number or different identity proof, only for the purposes of changing a contract, billing and registration, creation of subscriber directories, providing information for emergency calls and cooperating with police and investigative authorities, as stated in Section 57 (2). Section 61 indicates that subscribers have the right to modify or delete their personal information from subscriber directories. The Telecommunications Office of the Slovak Republic may impose fines for infractions of Act 610 of 2003. Can be accessed from this webpage as a pdf.

National Council of the Slovak Republic. (2002). Act No. 428/2002 Coll. on Protection of Personal Data. Retrieved November 23, 2005, from http://www.dataprotection.gov.sk/buxus/docs/act_428.pdf.
Section 10 - Obtaining Personal Data describes that the subject must be notified in advance the purpose for which the information is being collected. The collector must also provide registered ID to the subject. Following these and other conditions, the collector may request the subject's name, surname, title and Identity Card number, or the number of an official identity card. This data may be recorded only through photocopying or scanning of the official documents, upon wilful consent of subject. Section 11 states that only true personal data may be filed. The liability for the data's truthfulness lies with those who filed the data. Section 12 states that the information controller must keep the data up to date. Can be accessed from this webpage as a pdf.

European Parliament and the Council of the European Union. (1995). Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995. Official Journal of the European Communities.
The Directive applies to the processing of personal data that is, or will form, part of a filing system. Section (8) states that rights and freedoms with respect to the processing of data must be equal in all EU member states. The directive also emphasizes that national laws must uphold privacy rights. Section (28) ensures that the processing of personal data must be lawful and fair to individuals. Any data processing must be carried out with consent of the subject (30). Can be accessed from this webpage as pdf files, Part I and Part II.

European Parliament and the Council of the European Union. (2002, 12 July). Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002.
Retrieved November 23, 2005, from http://europa.eu.int/eur-lex/pri/en/
oj/dat/2002/l_201/l_20120020731en00370047.pdf.
The Directive seeks to respect the Charter of Fundamental Rights of the European Union. It requests the harmonization of legal instruments regarding the protection of personal privacy throughout the EU, in order to avoid obstacles to the market. Member states are asked to minimize processing of personal data, obtain consent for data use, and employ anonymous or pseudonymous data where possible. Can be accessed from this webpage as a pdf.

 South Africa*                                                                  Top

Survey Results South Africa has had legislation on identification of prepaid phone users since 2002. The proposed system of maintaining files on prepaid users relies on paper documentation; however, the extensive use of informal distribution channels has prompted regulators to suggest the establishment of an electronic registration process. In South Africa, each operator collects and retains identification information. Although severe penalties are legislated for non-compliance, no action is taken to enforce these laws. Mobile operators do publish privacy policy pertaining to identification information in South Africa. No integrated public number database is established.

Related Documents

South African Government. (1998, November). Review of Security Legislation: The Interception and Monitoring Prohibition Act (Act No. 127 of 1992). Retrieved October 11, 2005, from http://www.law.wits.ac.za/salc/discussn/monitoring.pdf
Overall, the discussion supported registration of mobile phone users, to counter both extended telecommunications capabilities and the use of mobile phones in criminal activities. Amendments to Act No. 127 of 1992 required mobile phone users to register name, identification number and address with operator. Under the changes, the operator had to store customer identification information. Non-compliance punished at a maximum fine of $200,000 Rand. Can be accessed from this website as a pdf.

South African Government. (2003, January 22). Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002. Retrieved October 7, 2005, from http://www.info.gov.za/gazette/acts/2002/a70-02.pdf.
On page 72 there are specifications for collecting the identification information of prepaid mobile phone users. Operators must obtain an individual's name, address and ID number. A certified photocopy of a picture ID card that has this information is to be retained by the operator, along with the phone number allocated to the customer. Can be accessed from this website as a pdf.

South African Government. (2004, December 9). Issue of Licence in terms of section 37(1) and as amended in terms of section 48 of the Telecommunications Act, Act no.103 of 1996, to provide national mobile cellular telecommunications services. Retrieved October 7, 2005, from http://www.info.gov.za/gazette/notices/2004/27089.pdf
On page 24, section 9 indicates the legal responsibilities the mobile operator has in regards to customer privacy. Can be accessed from this website as a pdf.

de Lange, J. (2001, July 18). Interception and Monitoring Bill. Retrieved October 11, 2005, from http://www.polity.org.za/html/govdocs/pr/2001/pr0718c.html?rebookmark=1.
The Bill aims to regulate the interception and monitoring of certain communications in the case of a serious offence or national security threat; to prohibit certain telecommunication services which do not have the capacity to be monitored; and to regulate authorized telecommunications monitoring. This web page has been archived.

*South Africa is not part of the OECD, but survey results have been included for comparison.

 Spain                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results Spain does not require users of prepaid mobile phones to be registered. The ruling government in 2002 and 2003 issued public statements on their intentions to make identification and registration mandatory. However, it seems that these desires were not legislated. It is not known whether or not mobile operators in Spain have a corporate policy regarding the collection of customer information, as policy information may be considered confidential. There is no integrated public number database in Spain.

 Sweden                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results Sweden does not require registration of anonymous prepaid mobile phone users. There is no industry wide code of practice regarding identification information from prepaid mobile phones. Sweden has a resource that operates in a manner similar to an integrated public number database. This database is named the SOS Alarm, for the purposes of emergency services.

Related Documents

SOS Alarm. (2005). SOS Alarm. Retrieved September 27, 2005, from http://www.sosalarm.se/grafik/sosalarm/generella/About_SOS_Alarm.pdf
The SOS Alarm is a public number database operated by the Swedish government to handle emergency calls and coordinate rescue work. They also work with alarm installation companies and security companies. Can be accessed from this website as a pdf.

 Switzerland                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results Switzerland introduced mandatory identification for prepaid mobile phones in 2004. In Switzerland mobile telephone service operators are responsible for administering identity requirements. It is not known if compliance is enforced. Swiss mobile operators publish a corporate policy regarding the collection of customer information, but do not have an industry-wide code of practice. Switzerland does not have an integrated public number database.

Related Documents

Muller, C. (2004). Privacy and Human Rights 2004: An International Survey of Privacy Laws and Developments. Retrieved September 11, 2005, from http://www.socio5.ch/pub/phr-2004.pdf.
In March 2003, the Swiss National Council passed a law requiring the registration of prepaid phone card users. In March 2004, Swiss telecom provider, Swisscom, tracked prepaid mobile cards, which allowed US intelligence find Afghan terrorists (page 9). Can be accessed from this website as a pdf.

Das Schweizer Parlament - Amtliches Bulletin. (2003, March 12). Uno-Übereinkommen gegen Terrorismusfinanzierung und Bombenterrorismus. Ratifikation. Retrieved October 5, 2005, from http://www.parlament.ch/ab/frameset/d/n/4617/77205/d_n_
4617_77205_77220.htm.
Debate in Swiss parliament that includes a discussion of the prepaid registration policy. In the left hand column there are links to video files with speakers at the podium. In German. This web page has been archived.

Swiss Federal Authorities. (2001, October 31). Verordnung vom 31. Oktober 2001 über die Überwachung des Post- und Fernmeldeverkehrs (VÜPF). Retrieved October 29, 2005, from http://www.admin.ch/ch/d/sr/7/780.11.de.pdf.
To fulfill new regulations for the registration of prepaid mobile phones, the Swiss government revised the VUPF, created October 31, 2001. Can be accessed from this website as a pdf.

Swiss Federal Authorities. (2004, June 23). Ordonnance sur la surveillance de la correspondance par poste et telecommunication. Retrieved October 29, 2005, from http://www.admin.ch/ch/f/as/2004/3383.pdf.
Can be accessed from this website as a pdf.

Swiss Federal Authorities. (2004, June 23). Verordnung uber die Uberwachung des Post- und Fernmeldeverkehrs - Anderung vom 23.06.2004 Retrieved October 29, 2005, from http://www.uvek.admin.ch/imperia/md/content/gs_uvek2/d/kommunikation/20.pdf
In order to fulfill new regulations, the Swiss government revised the VUPF, mandating that all telecom providers obtain proof of identity before selling SIM cards. Existing customers were asked to register personally before October 31, 2004, after which time service would be terminated. Can be accessed from this website as a pdf.

 Turkey                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

No response to survey.

 United Kingdom                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results The United Kingdom does not require mobile phone users to be registered. Some mobile phone operators have adopted an internal policy that does not require prepaid phone users to be registers. The Mobile Broadband Group, representing five UK mobile network operators, argues that it is inappropriate to make registration of prepaid phone users mandatory. However, companies may encourage customers to register their prepaid phones in order to receive enhanced services, but no attempt is made to ensure the accuracy of information submitted. Any registered details are subject to UK’s data protection law, which may be retrieved by law enforcement agencies under the Regulation of Investigatory Powers Act 2000. The UK does not maintain an integrated public number database other than traditional phone directories, which emphasize fixed line phones. Two existing databases, CEIR and MEND, contain information relating to stolen electronic equipment, and may contain subscriber details for contact purposes. These databases are not integrated.

Related Documents

Home Office - United Kingdom Government. (2000). Regulation of Investigatory Powers Act 2000. Retrieved September 27, 2005, from http://www.homeoffice.gov.uk.crimpol/crimreduc/regulation/.
Registered details are protected under the UK's data protection law, which are available to law enforcement agencies during a criminal investigation under the Regulation of Investigatory Powers Act 2000. RIPA Part I Chapter II contains information regarding the Acquisition and Disclosure of Communications Data. RIPA Part I Chapter II has been archived.

Orange - UK. (2005). Terms and Conditions. Retrieved September 27, 2005, from http://www.orange.co.uk/terms.html.
Orange UK requires registration for commercial purposes, even though the collection of identification has not been mandated by the UK government. This web page has been archived.

 United States                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Survey Results The United States does not require users of prepaid mobile phones or prepaid SIM cards to be identified. SIM cards can be purchased with cash and can be transferred from one person to another. The number of the SIM card is not linked to the purchaser. The issue of prepaid registration has not yet been raised in the US. Although the mobile phone industry collects subscriber information, this information largely cannot be used for marketing purposes. Corporations publish privacy policies in accordance with this data. Legal provisions on personal information are not privacy protected. However, calling patterns are safeguarded under Title 47 of the US Code, Section 222. The Cellular Telecommunications & Internet Association (CTIA) produced a voluntary consumer code for the wireless industry, which has been adopted by a number of US carriers. There is no integrated public number database in the US, but landline phone companies do contribute subscriber information to a nation-wide public directory service.

Related Documents

United States Government. (2005). Title 47 US Code Chapter 5 - Wire or Radio Communication. Retrieved November 18, 2005, from http://uscode.house.gov/download/pls/47C5.txt
Title 47, Chapter 5, Subchapter II, Part I, Section 222 of the US Code covers the privacy of customer information. According to Section 222, carriers' collection of individually identifiable information can only by used, disclosed, or accessed in the provision of services, including public directories. This may include calling patterns. Information obtained from other telecommunications carriers cannot be used for marketing. However, aggregate customer information may be used, disclosed or accessed upon request. There are no prohibitions on the use, disclosure and access of customer proprietary network information for billing, carrier property protection, customer initiated telemarketing or referral, and the provision of emergency call location information. Subscriber list information, which includes name, number, address, and primary advertising classification, may be given upon request for the purpose of publishing directories, and is made available for emergency support. Can be accessed from this webpage as a text file.

Cellular Telecommunications and Internet Association (CTIA). (2003, September 9). Wireless Industry Unveils 10-Point Consumer Code. Retrieved November 17, 2005, from http://files.ctia.org/pdf/CTIA_PR.pdf.
The CTIA created a Consumer Code, to be adopted voluntarily by wireless carriers in the US. The code is designed to ensure that customers know the extent of services provided by wireless companies. Most of the 10 items in the Consumer Code relate to rates, billing and contract details. Item 10 specifies that those adopting the code must abide by policies for the protection of customer privacy. Can be accessed from this webpage as a pdf.

Cellular Telecommunications and Internet Association (CTIA). (2003) Consumer Code for Wireless Service. Retrieved November 17, 2005, from http://files.ctia.org/pdf/The_Code.pdf.
The Consumer Code for Wireless Service ensures that customers will be made aware of initial conditions and changes in service, with regards to rates, terms of service, billing, and taxes. The Code ensures consistent and prompt customer service, and requires carriers to abide by policies for protection of customer privacy. Privacy protection is determined according to both state and federal laws. Those carriers complying by the Consumer Code for Wireless Service must make its privacy policy regarding customer information available online. Can be accessed from this webpage as a pdf.

Mukherjee,R. and Samarajiva, R. (1996). Regulating "Caller ID": emulation and learning in US state-level telecommunication policy processes. Telecommunications Policy, 20(7), 531-542.
In July 1987 New Jersey Bell proposed a no-block Calling Line ID (CLID) service that would prevent unwanted telephone calls. A no-block service meant that all calls would display their telephone number, permitting the called party to reject unwanted or unknown numbers. This proposal was opposed by public interest advocates on the grounds that it would permit unauthorized and involuntary disclosure of a caller's telephone number to any CLID subscriber, resulting in a violation of personal privacy.

Furletti, Mark Federal (2004). Prepaid Card Markets & Regulation. Philadelphia: Federal Reserve Bank of Philadelphia.
Can be accessed at http://www.phil.frb.org/pcc/discussion/feb_04_prepaid.pdf.
There are many legal issues related to prepaid card technology. On one hand, prepaid card issuers are concerned with criminal use of the cards, whether related to money laundering, terrorism or fraud. On the other, consumers must be protected from unfair practices of card issuers. Provides an overview of card systems: closed, semi-closed, semi-open, and open. Can be accessed from this webpage as a pdf.

European Union                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2003

Related Documents

European Commission. (2003, May 8). Bulletin EU 5-2003, Area of freedom, security and justice (10/18), 1.4.10. Retrieved Dec.20, 2004, from http://europa.eu.int/abc/doc/off/bull/en/200305/p104010.htm.
The Council concludes that tracing the use of prepaid mobile telephone cards, will facilitate criminal investigations, but must respect the right to privacy laid down in Member States' national laws and in Directive 2002/58/EC. Prepaid telephone cards, used anonymously, constitute an attractive means of communication for individuals and organisations pursuing illegal ends. This use of prepaid phones is contrary to an earlier resolution on the lawful interception of telecommunications, therefore, the Council recommends that Member States consider appropriate requirements for tracing prepaid card technology connected with organised crime. This web page has been archived.

Organisation for Economic Co-operation and Development                                                                  Top

Prepaid mobile market share, as a percentage of total mobile subscriptions
Source: OECD Communication Outlook 2005

Related Documents

Organisation for Economic Co-operation and Development. (2000, 19 May). Cellular Mobile Pricing Structures and Trends - DSTI/ICCP/TISP(99)11/FINAL. Retrieved September, 2004, from http://www.oecd.org/dataoecd/54/42/2538118.pdf.
In Table 2 on page 72, prepaid users are categorized according to selected European mobile operators for June 1999. This document also provides a background on early developments in the prepaid market circa 1999. Can be accessed from this website as a pdf.

Organisation for Economic Co-operation and Development. (2004, September 24). Summary of Responses to the Survey on the Implementation of the OECD Guidelines for the Security of Information Systems and Networks: Towards a Culture of Security. Retrieved September, 2004, from http://www.oecd.org/department/0,2688,en_2649_34255_1_1_1_1_1,00.html.
Can be accessed from this website as a pdf.

Summary Graph of OECD Countries Market Share for Prepaid Mobile Phones
Source: OECD Communication Outlook 2005

Summary : Privacy and Prepaid Mobile Phone Study                           Top

Registration Requirements

Of the countries surveyed, Australia, France, Germany, Hungary, Japan, Norway, Slovak Republic, South Africa and Switzerland have requirements regarding the identification and registration of anonymous prepaid mobile phone users.

Australia requires mobile operators to collect identification information and submit it to a national carrier. Compliance is enforced. France requires mobile phone operators to collect identification information, but compliance is not enforced. German mobile phone operators are required to collect customer information. Access to this information by law enforcement or national security bodies must go through the Regulatory Authority for Telecommunications and Posts. Hungary established identification requirements in Act No. C of 2003, which came into effect in January 2004. Subscribers’ personal information is associated with device identifying information for both phone and SIM card. Japan established identification requirements in response to the “It’s me!” phone fraud, where criminals extorted money from elderly targets by posing as relatives in dire financial need. The bill legislating registration was passed in April 2005. The Norwegian government has held public hearings regarding mobile phone registration and has established policy on these issues. A report that focuses on law enforcement or national security and the status of anonymous prepaid mobile phones is published in Norway. The Norwegian Post and Telecommunications Authority designate identity requirements and enforce compliance for mobile phone operators. In the Slovak Republic, Act 610 of 2003 specifies the use and protection of information required for the registration of prepaid phones. Service providers collect and maintain identification information, which is made available to law enforcement authorities. South Africa has had legislation on the identification of prepaid phone users since 2002, but these laws will only be implemented at the end of 2005. Each operator collects and retains identification information. Although severe penalties are legislated for non-compliance, no action is taken to enforce these laws. In Switzerland, mobile phone operators collect subscriber information, but compliance is not enforced.

Background Studies on Registration

The rationale supporting identification requirements includes the improvement of law enforcement and national security, as well as the provision of emergency services and public number directories. Australia has conducted a public consultation about prepaid registration before implementing any corresponding legislation. Norway held public consultations on a wider body of legislation which included prepaid registration. However, there are few known background studies that support identification requirements for anonymous prepaid mobile phones.

Those in opposition to registration requirements cite privacy concerns and cost of implementing legislation, as well as the lack of effectiveness of registration to detect and deter criminal activity. Studies opposing identification requirements for anonymous prepaid mobile phones are available in Germany, where published opinions oppose the legislation of mandatory identification as unconstitutional, both with regard to privacy and increased operator costs. In Greece, the Hellenic Data Protection Authority has drawn attention to the need for study on identification requirements.

Industry Practices

Many mobile phone operators encourage voluntary registration for mobile phone users, often through service incentives. Operators in the Czech Republic, Ireland, the Netherlands, and the United Kingdom support voluntary registration. Most often, the identification information collected is used for marketing purposes. Mobile operators in the United States may collect customer information, but this data cannot be used for advertising and marketing.

In countries with registration regulations, most mobile operators include information about registration procedures in their subscription agreement. There are few incidents of operators collecting customer information where registration is not a requirement. Where industry codes of practice have been established, the purpose of the code is not to introduce registration requirements. Ireland has an industry wide code of practice regarding the use and disclosure of identification information.

Public Number Database

Australia is the only country that maintains a true integrated public number database (IPND). In Australia the databases are accessible by law enforcement bodies. Sweden maintains a resource similar to the integrated public number database for public safety purposes.

Many nations have public number directories which are not integrated. The incumbent operator in the Czech Republic maintains a public directory, which does not include mobile phone numbers. Mobile operators in Denmark have databases of subscribers, but this information is not integrated nationally. The incumbent operator in Greece also maintains a global telephone directory, which was not created for either public safety or law enforcement. The Netherlands does not formally maintain a public number database; however, mobile operators submit user information to a database that is accessible to law enforcement agencies through a government-authorized third party. The United States has a nation-wide public number directory.

It is generally not known whether the database administrators evaluate the usefulness of the database, or measure its costs and benefits.

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Country Comparisons   A more detailed version of the table is available for download.

Related Research                                                                  Top

Gow, Gordon A., & Ihnat, Mark (2004). Prepaid Mobile Phone Service and the Anonymous Caller: Considering Wireless E9-1-1 in Canada. Surveillance & Society 1(4), 555-572.
Reports on a study into the development of Wireless E9-1-1 emergency services in Canada. Initial focus centered on privacy concerns in the context of an emerging location based service for mobile phone users. Although there is a reasonable level of privacy protection in Wireless E9-1-1, wireless service providers must obtain verifiable subscriber records. This paper considers the right to anonymity for prepaid phone users. Can be accessed from this website as a pdf, or from http://www.surveillance-and-society.org/articles1(4)/anonymous.pdf.

Froomkin, A.M. (1999). Legal Issues in Anonymity and Pseudonymity. The Information Society, 15, 113-127.
The regulation of anonymous and pseudonymous communications will have direct effects on the freedom of speech, the nature of electronic commerce, and the capabilities of law enforcement. The legal resolution of the anonymity issue also is closely bound up with other difficult and important legal issues: campaign finance laws, economic regulation, freedom of speech on the Internet generally, the protection of intellectual property, and general approaches to privacy and data protection law. The legal constraints on anonymous communication, and the constitutional constraints on those who would regulate it further, thus should be considered in tandem with the policies animating regulation and also their side effects.

Mahan, Amy (2003). Regulatory peripheries: Using prepaid to extend the network. info, 5(4), 37-44.
Telecom network roll-out is crucial for economic development, and with the advent of mobile telephony, it is increasingly achievable. Mobile adoption in many countries has surpassed fixed line connections. This paper, however, proposes that regulators need to look beyond teledensity to anticipate future access to information infrastructure. Prepaid mobile especially does not provide a solid foundation for future information services. Different stages of regulatory and network development determine the conditions for mobile (and prepaid mobile) adoption at a national level. Likewise, access to further or future information services will be affected by the kind of network now being established and by regulatory conditions which either recognise or ignore national and regional differences.

Marx, Gary T. (2001) Identity and Anonymity: Some Conceptual Distinctions and Issues for Research. In J. Caplan & J. Torpey (Eds.), Documenting Individual Identity. Princeton University Press.
Marx seeks to set out a 'conceptual landscape' and associated research issues; he locates the field within the sociology of knowledge, regarding questions of collection and compulsion to reveal identity as normative foundations for policy development. This three part paper first sets out seven types of identity knowledge; then looks at 'Socially Sanctioned Contexts of concealment and revelation' and ends with a set of observations for further research. Can be accessed at http://web.mit.edu/gtmarx/www/identity.html.

Marx, Gary T. (1999). What's in a Name? Some Reflections on the Sociology of Anonymity. The Information Society, 15, 99-112.

Marx, Gary T. (2001). Murky Conceptual Waters: the Public and the Private. Ethics and Information Technology, 3(3), 157-169.

Wallace, K. (1999). Anonymity. Ethics and Information Technology, 1, 23-35.
Anonymity is explained as a positioning of an individual's traits within a network of social relations. These traits can be placed in economic, political, and linguistic dimensions, among others. The unity and plurality of traits create an individual's overall integrity. This integrity allows an individual to be identified and located. Anonymity is measured by the degree of coordination between traits that can be linked in a coherent manner. If traits cannot be coordinated, then anonymity is possible.

Electronic Privacy Information Center. (2002, April 8). Anonymity. Retrieved March 26, 2005, from http://www.epic.org/free_speech/default.html#anonymity.
Anonymity protects individuals from retaliation, and prevents the suppression of ideas in an intolerant society. States relevant case law regarding anonymity in the US.

On the Identity Trail. (n.d.) Retrieved April 17, 2005, from http://anonequity.org/en3/index.html
Understanding the Importance and Impact of Anonymity and Authentication in a Networked Society.

To participate in the Privacy and Prepaid Mobile Phone Study contact:

Privacy and Prepaid Mobile Phone Study
Centre for Policy Research on Science and Technology
Simon Fraser University
515 West Hastings Street
Vancouver, BC Canada V6B 5K3
Fax: 1 604 291 5239
Email: g.gow@lse.ac.uk

The Centre for Policy Research on Science and Technology is part of the School of Communication at Simon Fraser University. Established in 1988, CPROST projects engage in research on the relationship between public policy and technology.

Dr. Gordon Gow is a Research Associate with CPROST. His full-time post is Lecturer in the Department of Media and Communications and Director of the MSc Programme in Media and Communications Policy and Regulation at the London School of Economics and Political Science.

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