Maxim Ali has explained to DP whether mobile operators’ demands to clarify subscriber’s personal data under threat of termination of service are legitimate

Mobile operators have started sending messages to subscribers asking them to clarify their personal data, including their surname, first name as well as  passport details and place of residence.  The information can checked and, if necessary, updated using photoes of a customer and their passport`s scan on the operator’s website, in person at a mobile phone store or through an authorised account on Gosuslugi. In case of non-confirmation of identity, the contract with the subscriber for communication services will be terminated.

Maxim Ali, Partner, Head of IP/IT practice at Maxima Legal, explained to Delovoy Peterburg newspaper that  operators’ demands are legal and based on the “Rules for Provision of Telephone Communication Services” approved by the Russian Government.

“The rules allow a subscriber to confirm information about himself or herself, including remotely. It is true that this is directly stated in terms of confirmation through Gosuslugi or with the use of  a reinforced qualified electronic signature, which most users do not possess. There are no reservations about the possibility of providing a scan of a passport. Apparently, there is a certain interpretation of the law on the part of the operators. It is noteworthy that earlier the operators’ regulations often provided for a personal visit to confirm the data”, commented the expert.

Such a procedure was introduced in the communication services regulations back in 2017. “If this is not done, operators have the right to suspend the provision of communication services, and six months later to unilaterally terminate the contract. By the way, this is used by law enforcement agencies. There have been cases where the authorities have demanded that the telecommunications operator check the subscriber and, if he refuses to do so, terminate his service. And in such cases, the operator met the authorities by inviting the client with his passport to the store,” Maxim Ali added.

In addition, in June 2021 in order to combat “grey” SIM card owners the amendments were introduced into the Law on Communications, according to which it is possible to buy SIM-cards outside mobile phone stores only with biometrics. According to Maxim Ali, an operator may hire a third party to conclude a contract, which will be authorized by a power of attorney, for instance. In this case, the passport will be shown to the third party, not to the operator’s employee, and the confirmation of personal data for the SIM-card purchase will count.

To read the full article (in Russian) please see Delovoy Peterburg newspaper`s  website>>>