Govt Plans Older SIMs Replacement to Tackle Chinese Chip Risks, Mulls Techno-Legal Issues

Government is mulling a plan to replace older mobile phone SIMs (subscriber identity module) as concerns regarding the personal information stored in chipsets of Chinese origin come to light. The development has come due to an ongoing investigation by the National Cyber Security Coordinator (NCSC) and the home affairs ministry has flagged concerns, the Mint reported. 

“The investigation is being done collectively under NCSC involving DoT, MHA, and other stakeholders to identify the entry of such chips in the market and the extent of SIM cards with chips of Chinese origin. It seems even telecos were not aware of the procurement by their vendors,” the Mint reported, citing official sources.

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The government is currently evaluating the technology and law-related challenges that might come up if the government decides to go forward with the plan. The NCSC has reportedly held meetings with telecom giants like Vodafone Idea, Bharti Airtel and Reliance Jio, and the telecom department over security gaps that might crop up in the replacement of SIMs. Besides this, the government is also planning to tighten its grip over telecom equipment entering India and allow only credible sources to be part of the supply chain process. 

Where does the law stand on this 

The Telecommunications Act of 2023 gives the government certain powers, including suspension, removal, or prohibition of the use of specified telecom equipment and services in case of any threat to national security. 

“Procurement of telecommunication equipment and telecommunication services only from trusted sources,” Section 21 of the Telecom Act, 2023 states.

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Prior to this, DOT introduced licensing rules that included defence and national security as factors to be considered when sourcing ‘trusted telecom products’. Also, telecom companies can purchase telecom products only from ‘trusted sources’ and must take prior permission from the National Cyber Security Coordinator.