BAGS UF Rey

ECE,
Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVES pare: £9UL 20Ig
Quezon City Ke
BY:

SEVENTEENTH CONGRESS
'STRATION Unrr

First Regular Session INDEX SERVICE

House Bill No.1860

Introduced by Hon. Sol Aragones

EXPLANATORY NOTE

This bill seeks to safeguard the right to privacy of users of mobile smart phones and
gadgets. According to some news reports, people are getting seriously injured or even killed,
for their mobile phones and other gadgets.

The 2012 Annual Report of the National Telecommunications Commission states that
the bulk of complaints received by its One Stop Public Assistance or OSPAC is comprised of
lost or stolen mobile phones, and the complaints allegedly increased by an average of 7%
annually from 2005 to 2009. The report provides that there was an increase of 23% in 2012
compared to 2011.

Hence, the mobile services providers and mobile device manufacturers should be
required to provide safeguards in order to provide the consumers the most secure technology
available to protect them and their personal data; and consequently, in order to deter the
rampant theft of mobile devices in the country.

This bill seeks to require mobile devices sold and imported in the Philippines to
include free kill switch technology that would let owners remotely delete their personal data,
render the devices inoperable to anyone but the owner, and prevent it from being activated by
anyone other than the owner.

In view of the foregoing, the immediate passage of this bill is earnestly requested.

HOES
Sol .RAGONES,

Representative, Third District of Laguna

NTATIVES



wRoena

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS

First Regular Session

1860

House Bill No.

Introduced by Hon. Sol Aragones

AN ACT
REQUIRING MOBILE SERVICES PROVIDERS AND MOBILE DEVICE
MANUFACTURERS TO PROVIDE THEIR CONSUMERS THE CAPABILITY
TO REMOTELY DELETE DATA FROM THEIR MOBILE DEVICES
AND RENDER SUCH DEVICES INOPERABLE

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. ~ This Act shall be known as the “Smartphone

Privacy Protection Act.”

SECTION 2. Function for Stolen Mobile Devices. ~
(a) Definitions. ~ In this Act, the term:
(1) “Account holder,” with respect to a mobile device —
(A) means the person who holds the account through which
commercial mobile service or commercial mobile data service is

provided on the device; and


(B) includes a person authorized by the person described in
subparagraph (A) to take actions with respect to the device;
(2) “Commercial mobile data service” means any mobile service that is:
(A) a data service;
(B) provided for profit; and
(©) available to the public or such classes of eligible users as to
be effectively available to a substantial portion of the public, as
specified by regulation by the Commission;
(3) “Commercial mobile service” means any mobile service that is
provided for profit and makes interconnected service available —
(A) to the public or
(B) to such classes of eligible users as to be effectively available
to a substantial portion of the public, as specified by regulation by the
Commission;
(4) “Commission” means National Telecommunications Commission;
and
(5) “Mobile device” means a personal electronic device on which
commercial mobile service or commercial mobile data service is provided.
(b) Requirements. —
(1) Function. — A provider of commercial mobile service or commercial
mobile data service on a mobile device shall make available on the device a

function that:

(A) may only be used by the account holder; and



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(B) includes the capability to remotely —

(i) delete or render inaccessible from the device all
information relating to the account holder that has been placed on
the device;

(ii) render the device inoperable on the network of any
provider of commercial mobile service or commercial mobile
data service globally, even if the device is turned off or has the
data storage medium removed;

(iii) prevent the device from being reactivated or
reprogrammed without a passcode or similar authorization after
the device has been:

(D) rendered inoperable as described in clause (ii);
or
(ID) subject to an unauthorized factory reset; and

(iv) reverse any action described in clause (i), (ii), or (iii)
if the device is recovered by the account holder.

(2) Device Standards. — A person may not manufacture in the
Philippines, or import into the Philippines for sale or resale to the public, a
mobile device unless the device is configured in such a manner that the
provider of commercial mobile service or commercial mobile data service on
the device may make available on the device the function required under
subsection (1).

(3) Exemptions for Functionally Equivalent Technology. —



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(A) Mobile Service Providers. - The Commission may exempt a
provider of commercial mobile service or commercial mobile data
service on a mobile device from the requirement under paragraph (1),
with respect to that device, if the provider makes available on the device
technology that-accomplishes the functional equivalent of the function
required under paragraph (1).

(B) Manufacturers and Importers. - The Commission may exempt a
person from the requirement under paragraph (2), with respect a mobile device
that the person manufactures in the Philippines or imports into the Philippines
for sale or resale to the public, if the device is configured in such a manner that
the provider of commercial mobile service or commercial mobile data service
on the device may make available on the device technology that accomplishes
the functional equivalent of the function required under paragraph (1).

(4) Waiver for Low-Cost, Voice-Only Mobile Devices. — The
Commission may waive the applicability of the requirements under paragraphs
(1) and (2) with respect to any low-cost mobile device that:

(A) is intended for primarily voice-only mobile service; and

(B) may have limited data consumption functions focused on text
messaging or short message service.

(c) No Fee. — A provider of commercial mobile service or commercial mobile

data service on a mobile device may not charge the account holder any fee for making
the function described in subsection (b)(1), or any equivalent technology described in

subsection (b)(3)(A), available to the account holder.


(d) Forfeiture Penalty. — Any person that is determined by the Commission to

have violated subsection (b) or (c) of this section shall be liable to the Philippines for a

forfeiture penalty, in an amount to be determined by the Commission.
(e) Rule of Construction. - Nothing in this Act shall be construed to prohibit a
manufacturer of mobile devices, or a provider of commercial mobile service or

commercial mobile data service, from taking actions not described in this Act to

protect consumers from the theft of mobile devices.

SECTION 3. Applicability of Function Requirement. ~

(1) Applicability. — The provisions of this Act shall apply with respect to any
mobile device that, on or after 1 January 1 2015, is —

(A) manufactured in the Philippines; or

(B) imported into the Philippines for sale to the public.

(2) Compliance Extensions. - The Commission may exempt a person that is
subject to any requirement under Section 2, from that requirement for a temporary
period after the date described in this section, upon a showing by the person that the
person requires more time to be able to comply with the requirement.

SECTION 4. Separability Clause. — If any provision or part hereof, is held

invalid or unconstitutional, the remainder of the law or the provision not otherwise

affected shall remain valid and subsisting.

SECTION 5. Repealing Clause. ~ Any law, presidential decree or issuance,

executive order, letter of instruction, administrative order, rule or regulation contrary


to or is inconsistent with the provision of this Act is hereby repealed, modified, or

amended accordingly.

SECTION 6. Effectivity Clause. — This Act shall take effect fifteen (15) days

after its publication in at least two (2) newspapers of general circulation.

Approved,