Argentine Communications Agency Passes New Regulation to Fight Criminal Actions

The Argentine Communications Agency (ENACOM) issued Resolution No. 263/2023, published in the Official Gazette on March 17, 2023. The Resolution approves the new Guidelines for Identifying and Validating Users Owning Mobile Communication Services.

Resolution No. 263/2023 incorporates the biometric data authentication system as a new technological resource to ensure the integrity, transparency, and safety of user information. The Resolution defines biometric data as “the personal data on the unique features of human beings, whether physical, physiological, or behavioral, which facilitates and ensures the identification of an individual through technological systems or procedures.”

Thus, basic information such as name and surname, ID number (including date of issuance and processing number), gender, and birthdate will be requested to validate an individual’s identity. However, service providers will have to revalidate users’ identities to make commercial and/or technical modifications that may be considered critical or sensitive transactions. This revalidation will be done using biometric data validation mechanisms through active or passive proof of life techniques when possible. In those cases where this is not possible, mobile providers will have to use multi-step or multi-factor identity validation mechanisms.

Regarding legal entities, mobile communications service providers must implement procedures to safeguard the documents submitted to register mobile telephone lines. In all cases, providers must keep the receipts corresponding to the identity validation processes of each user for ten years.

The Regulation also states that mobile telephone companies must implement the necessary mechanisms for lines without an associated user to not access incoming or outgoing calls, send and receive text messages, or use mobile data, except for call centers and emergency services, until the user is duly registered.

Finally, the Resolution establishes a term of 60 (sixty) days as of its enactment for mobile communications service providers to adapt their identification and validation systems in accordance with the provisions in it.