The Executive Power published today the Law 31839, which establishes measures to strengthen the fight against the sale and contracting of mobile public telecommunications services (chips) on the street. Among the main modifications, there is the possibility of seizing these devices.
The regulation extends the scope of Legislative Decree 1338, which creates the National Registry of Mobile Terminal Equipment for Security, and Law 27336 on the development of Osiptel’s functions and powers.
From now on, the operating companies will be prohibited from marketing or contracting public mobile telecommunications services on an outpatient basis or on public roads, as well as in places that do not have a specific address reported to Osiptel, except in the exceptions that it determines.
Neither may they commercialize or hire mobile public telecommunications services without having the biometric vendor fingerprint verification or natural person that intervenes directly in the contracting of the service, nor with the biometric verification of the fingerprint of the person who acquires said services as a contracting party.
They will seize chips that are sold on the street
On the other hand, natural and legal persons that promote or intervene in the commercialization, sale or contracting of public mobile telecommunications services on an outpatient basis or on public roads are civilly and administratively liable when they participate with intent or negligence in the planning, implementation , execution or control of said actions.
The Public Ministry, with the support of the Peruvian National Police, ex officio or in coordination with Osiptel, is empowered to seize and confiscate SIM CARDs that are sold outpatients or on public roads, as well as in places that do not have with a specific address reported to Osiptel, in accordance with its powers.
At the end of these proceedings, the assets are placed at the disposal of the Public Ministry. The destruction or disablement provided by this institution is carried out with the appropriate security measures and drawing up the respective minutes.
“The Public Ministry makes available to Osiptel, for the fulfillment of its functions, the SIM CARD information that allows the identification of the associated service numbers,” the document states.
Source: Larepublica
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