11th Judicial Reform Package: 5651 Law Content & Rights Amendments

A law proposal¹ numbered 2/3393 for the 4th legislative year of the 28th term (the "Draft" or "Judicial Reform Package") has been submitted to the Presidency of the Grand National Assembly of Türkiye. The Draft proposes significant amendments to the Electronic Communications Law No. 5809² (the "Law"), particularly regarding subscription establishment procedures, limitations on the number of mobile lines and device-based usage, regulations applicable to foreign subscribers, as well as administrative fines and obligations to support criminal investigations.

1) Requirement of Electronic Identity Verification and Biometric Data for Subscription Establishment
From now on, subscription registration may no longer be made with identity documents that do not have electronic identity verification capability, even if such documents are deemed official identity documents under the relevant legislation. In establishing subscriptions, the identity of the person will be verified, together with the identity document, either through biometric data relating to the person's facial image or fingerprint template, or via identity-verifying passwords such as the e-Government password or the identity card PIN.

If it is determined that the person does not possess a document with electronic identity verification capability and the person is a foreign natural person, then, for the purposes of subscription establishment, the person's identity information will be verified by using biometric data relating to the person's facial image or fingerprint, via the Information and Communication Technologies Authority (the "Authority").

2) Limits on the Number of Lines and Devices & Regulations on Subscriptions of Foreign Nationals
Activity Check at Three-Month Intervals:
Operators will, every three months, verify through the relevant public authorities whether the lines of all subscribers remain active. If the continuity of activity cannot be confirmed, the connection of the relevant lines to the network will be cut off.

Limit on the Number of Lines per Natural or Legal Person:
The upper limit on the number of lines that may be opened in the name of a natural or legal person will be determined by the Authority. Operators will not be permitted to open subscriptions exceeding this limit.

Limit on the Number of Lines per Device:
Within a period to be determined by the Authority, a limit will also be introduced on the number of lines that may be used on the same device. Operators will not be able to provide electronic communications services to devices using subscriber numbers exceeding the limit set by the Authority. This regulation aims in particular to prevent fraud offences committed via phones, SIM boxes and similar devices that enable the use of a large number of lines simultaneously or sequentially.

3) Administrative Fines and Obligation to Refund Consumers

For operators that violate the obligations regarding the requirement of electronic ıdentity verification and processing biometric data for subscription establishment, an administrative fine of TRY 100,000 per line may be imposed. Operators acting in breach of the clause regarding the limit on the number of lines per natural or legal person may be fined TRY 50,000 per line. Finally, operators that violate the obligation on the limit on the number of lines per device may be fined between TRY 250,000 and TRY 500,000 per device.

4) Deactivation of Lines Used in Commission of Crimes and Obligation to Provide Information-Documents
Where it is determined that a mobile communication line has been used in the commission of offences such as aggravated theft, fraud and abuse of bank or credit cards, the connection of such line may be cut off by the operator based on a judge's decision within the scope of the ongoing investigation, or, in cases where delay would be prejudicial, based on a written order of the public prosecutor. If, despite the decision or written order given in this regard, the communication of the relevant line is not cut off, an administrative fine between TRY 50,000 and TRY 300,000 may be imposed on the operator.

Furthermore, if the information and documents requested by the public prosecutor, judge or court within the scope of an ongoing investigation or prosecution are not submitted within 10 days in physical or electronic format, or are submitted incompletely, an administrative fine between TRY 50,000 and TRY 300,000 may be imposed on the operator.

5) Updating Subscription Records, Compliance with Limits of Number of Lines and Transitional Provisions
With the Provisional Article 8 added to the Electronic Communications Law under the Draft, a transitional regime is envisaged, particularly for the implementation of the provisions on subscription records of foreign nationals and the limitation on the number of lines. Accordingly:

Updating Records of Subscribers of Foreign Nationality:
Subscription records of foreign natural persons held by operators must be updated by application to the relevant operator within 6 months from the date of entry into force. If no application is made or the identity cannot be verified, the connection of the relevant lines to the network will be cut off within 1 month following the expiry of the application period.

Compliance with Limits of Number of Lines:
For natural or legal persons in whose name there are subscription records exceeding the number determined by the Authority, a 6-month compliance period will be allowed from the date of determination by the Authority to terminate or transfer the excess lines. If compliance is not achieved within this period, the connections of the excess lines will be terminated by the operator, preserving the subscriptions with the oldest dates.

Operators that fail to fulfil their obligations within the grace period may be subjected to an administrative fine of TRY 20,000 for each mobile subscription.

Footnotes

1 https://cdn.tbmm.gov.tr/KKBSPublicFile/D28/Y4/T2/WebOnergeMetni/9dd73bbe-00f6-4c29-8295-bc87a4d228a2.pdf (Only available in Turkish)

2 https://www.mevzuat.gov.tr/MevzuatMetin/1.5.5809.pdf (Only available in Turkish)

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