SIM card registration in the spotlight
700 000 SIMs already registered
“There are no surveillance regulations that will reduce the abuse for the interception of information.”So says Frederico Links, a researcher attached to the Institute for Public Policy Research (IPPR).
Links believes that the current communications law, which will compel the registration of SIM cards in Namibia, has several gaps which include the anonymity of sources in the media, and which could compromise confidential information shared between medical practitioners and their patients or between lawyers and their clients.
“These look a lot like surveillance regulations in totalitarian governments, being justified them under the guise of national security, which usually happens in totalitarian governments,” Links said.
Furthermore, he added that communication service providers have the power to block specific groups’ communication. “If a group of people registers a protest - which is their democratic right - then their communication can be blocked. We have already seen this in several African countries.”
The Legal Assistance Centre (LAC) said in a recent report that the law would, among other things, violate individuals' privacy. They emphasised that in several cases, privacy was one of the Namibian legal system's highest priorities.
Surveillance abuse
The LAC also highlighted communication service providers’ role in monitoring an individual’s digital identity and the perceived waiver of responsibility, as a possible origin of surveillance abuse.
“The service provider will designate staff members as ‘authorized staff members’, and although their names are handed over to the Communications Regulatory Authority of Namibia (CRAN), there are no requirements for their training, experience or legal knowledge. There is not even an orientation requirement,” according to the LAC's report.
“Although CRAN and MTC have so far maintained that a court order is necessary for the interception of information, this law provides for the service provider’s authorized personnel to allow interception without a court order.”
For example, a member of the Namibian police can present their case directly to the service provider and the service provider then has the right to allow the interception of information.
The LAC believes that the responsibility in such cases does not belong to untrained staff of the service provider, but rather to the police officer who can be held responsible under statutory laws and regulations.
The police may also bring an urgent application for the interception of information before the court in the form of an ex parte order. Ex parte applications are made without the other party’s knowledge and no provision will be made for the defence of an interception target’s interests.
Interception
“With an ex parte application, an individual’s telecommunications can be intercepted and he/she can be notified within 30 days to appear before the court, before further decisions will be made about the order, for example extending it to state,” according to Milton Engelbrecht, a Windhoek-based lawyer.
He said that ex parte applications play an important role in crime prevention. “If you are notified of plans to track you, then you can get rid of evidence.”
However, Links believes that ex parte court applications create loopholes for the abuse of interception.
Still, he believes that with the right committees and systems, communications regulation laws can achieve the goal of fighting crime.
“In South Africa, RICA (the Regulation of Interception of Communications Act) made provision for journalists and lawyers, and in Botswana a committee responsible for the regulation of similar laws was set up. Our law makes no provision for public interest, but if we put such regulations in place, the chances of this law being misused are minimal,” he said
To date, CRAN has not responded to this publication’s enquiries.
Registration progress
MTC confirmed its campaign to register SIM cards is in full swing, with over 700 000 SIMs already registered. This represents approximately 26.5% of its 2.64 million active subscribers.
“Registration is still voluntary and is a proactive initiative to provide sufficient time and convenience for our subscribers to encourage them to register early before the mandatory registration of SIM cards kicks off in January 2023,” MTC spokesperson Erasmus Nekundi said.
To register a SIM card, proof of identity and a police report in which the individual declares that he/she is the legal owner of the mobile phone number must be shown. Proof of address is also required. A municipal account or a statement or a letter from an individual's nearest school, church or constituency councillor, or a police statement indicating the individual’s residential address serves as proof.
Those wishing to have their SIM cards registered are also required to bring their devices with them.