The Law for Protection of Telecommunications Users: Does it Protect Users?

By Bufete Mejia & Asociados

The Law for Protection of Telecommunications Users is a proposed law currently under discussion of the Honduran Congress. It would require all mobile phone users in Honduras to register their SIM cards with their national identification number, creating a database under control of a public entity.

In the National Database of Telephone Users operators would record the sale and activation of a SIM card, including the commercial details of use (whether it is a prepaid or postpaid line), in addition to the biometric validation of the user. And, in case of theft or loss of the device, the user would have the power to block its use.

Basically, the bill intends to reduce the number of spams, scam calls and text messages. It also has the goal of improving national security, fighting crime and terrorism by making it more difficult for criminals and terrorists to use mobile phones anonymously.

However the bill, known as SIM Law, sparked a debate related on infringement on privacy. Global organizations such as GSMA, which unites over 1000 mobile operators and related businesses across the world, stated that the bill “opens the door to the violation of the Honduran population's rights to privacy and data protection”.

“It seeks, among other things, the creation of a database of registered mobile telephone users in the country to be administered by governmental actors whose regulatory frameworks do not attribute these functions. It would also oblige mobile operators to hand over information on their clients' communications without a court order,” says a July 27, 2023, press release.