The Telecommunication Bill of 2023, having passed both houses of Parliament, awaits the President’s assent, ushering in a transformative era for obtaining mobile numbers.
As per an ET report, the bill mandates ‘biometric’ identification for purchasing mobile SIM cards, currently relying on an individual’s Aadhaar number for KYC purposes. This potentially implies that those without Aadhaar may face challenges in acquiring new SIM cards.
The impending changes suggest a process for obtaining a new mobile number that involves providing Aadhaar and undergoing biometric authentication, extending to existing mobile number users. The bill mandates authorized entities offering telecommunication services to identify individuals through a biometric-based method specified by the Central Government, with Aadhaar currently being the sole ID proof for biometric authentication.
Legal experts express concerns about the new law’s impact on subscriber verification, anticipating further judicial scrutiny. The bill replaces the outdated Indian Telegraph Act of 1885, introducing provisions for user protection, including obtaining consent for specific messages and penalties for non-compliance.
Abhay Chattopadhyay, Partner at Economic Laws Practice, notes the strict subscriber verification guidelines, raising questions about the government’s basis for including the biometric mandate. Manmeet Kaur, Partner at Karanjawala & Co., emphasizes that biometric authentication will be necessary for services specified by the Central Government, with a cautious reminder of the Supreme Court’s perspective on linking Aadhaar with mobile numbers.
The new law aims to enhance user protection, introducing mechanisms for reporting malware and unsolicited messages, along with a proposed ‘Do Not Disturb’ register. If enacted, this legislation will replace outdated regulations and shape the future of mobile number acquisition in India.
