DOJ backs measure securing mobile postpaid users

MANILA, Philippines - The Department of Justice (DOJ) has supported a proposed law in the House of Representatives requiring mobile telecommunication companies to provide a system that would enhance protection of security and privacy of their postpaid subscribers.

In a legal opinion released last Friday, the DOJ posed no legal objection to House Bill 4511 and House Resolution No. 93, which both require all mobile network service providers to provide a “kill switch” software that would enable service providers to remotely disable their cellular phones and erase data when reported stolen, lost or missing.

DOJ Secretary Leila de Lima said the proposed law “is within the purview of what is embodied in Article II on the Declaration of Principles and State Policies, of the 1987 Constitution, particularly Section 5 thereof, which promotes the maintenance of peace and order, the protection of life, liberty and property, and the promotion of the general welfare being essential for the enjoyment of all the people.”

“We laud the intention of the proponent of this bill as this safety mechanism ensures that data or information contained in the mobile phones of the owners whose units were stolen are protected from being used by unscrupulous individuals,” the DOJ chief stressed.

But De Lima has expressed reservations on the proposed pre-installation of the “kill switch” software, fearing that hackers may be able to gain access to the “kill message” that would be installed in the mobile phones.

House Bill 4511 (An Act Requiring All Cellphone Network Service Providers to Equip All Mobile Phones They Provide to Postpaid Users With A “Kill Switch” Software To Enhance Security And Privacy Of Their Customers) was authored by AMA party-list Rep. Lorna Velasco while House Resolution No. 93 (A Resolution Urging the National Telecommunications Commission and Telecommunication Service Providers To Look Into The Feasibility of Enforcing A “Kill Switch” For Mobile Phones And Other Devices In Order To Improve The Current Procedure of Disabling Stolen, Lost Or Missing Mobile Phones To Prevent Mobile Phone Theft And Other Devices) was introduced by Ako Bicol party-list group Reps. Christopher Co and Joel Batocabe.

In the same legal opinion, the DOJ also supported another related proposed law – HB 4303 authored by Parañaque 1st District Rep. Eric Olivarez – that would require mobile service providers to offer their users phone insurance to alleviate the costs that consumers bear when they lose their mobile phones, including tablets and iPads.

De Lima said she saw nothing wrong with the bill as it “merely provides an option for the consumer to avail of the insurance policy.”

But she added that the DOJ also has reservations as to the insurance claims process, adding that insurance firms may impose conditions that would prevent the consumers in making rightful claims.

“We suggest that appropriate measures be observed by both the National Telecommunications Commission and Insurance Commission to ensure that objectives of this proposed bill be met,” she added.

De Lima issued the opinion upon request of  Rizal 1st District Rep. Joel Roy Duavit, the chairman of the House Committee on Information and Communications Technology.