Is Aadhaar Biometric Authentication Mandatory To Buy New Mobile Number?

After its successful passage in Lok Sabha on Wednesday, The Telecommunication Bill, 2023 was passed in the upper house of Rajya Sabha on Thursday. The new law once enacted will bar individuals from buying mobile SIM cards sans undergoing biometric-based authentication, according to the Economic Times report.

The bill makes it clear that the identification required would be 'biometric'. As of now, biometric identification of an individual for KYC purposes is done only through the Aadhaar number of the individual. Consequently, it appears logical to infer that if you do not have your Aadhaar you won't be able to buy a new SIM card.

Thus, there are chances that a person will have to give his/her Aadhaar number and undertake biometric authentication in order to get a new mobile number, unless clarification to the contrary is issued by the government. The new law also makes biometric authentication applicable to existing mobile number users also.

Chapter 2 of the bill passed by the parliament says, "Any authorised entity which provides such telecommunication services as may be notified by the Central Government, shall identify the person to whom it provides telecommunication services through the use of any verifiable biometric based identification as may be prescribed."

The law also states that verifiable biometric-based identification is to be used by an authorized entity of telecommunication services under sub-section (7) of section 3. Sub-clause (7) of clause 3 provides that an authorised entity under the law that provides notified telecommunication services, shall be required to identify the person to whom it provides telecommunication services through the use of any verifiable biometric-based identification as may be provided by rules.

However, one can get 100% clarity on the biometric authentication process and the telecommunication services for which it would be needed only after the rules are notified. Currently, regulations allow a SIM card to be procured using government identities such as a PAN card or Voter ID card.

Key Highlights of the Telecommunication Bill, 2023

• The Bill seeks to replace the Indian Telegraph Act, 1885, and the Indian Wireless Telegraphy Act, 1933.
• Authorisation will be required from the central government to (i) establish and operate telecommunications networks, (ii) provide telecommunications services, or (iii) possess radio equipment.
• Spectrum will be allocated through auction, except for specified entities and purposes for which it will be assigned administratively.
• Telecommunication may be intercepted on specified grounds including the security of the state, public order, or prevention of offenses. Telecom services may be suspended on similar grounds.
• The Bill provides a mechanism to exercise the right of way for laying telecom infrastructure in public as well as private property.
• The central government may provide for measures to protect users such as requiring prior consent to receive specified messages, and the creation of a do not disturb register.