Solomon IslandsTelecommunications Act 2009, Security Safeguards for Consumer Information
s. 72(1)(b), Telecommunications Act 2009 (Solomon Islands)
In force since .
A sector security regimes rule binding private bodies.
What it requires
- This reaches you where you operate as a telecommunications service provider licensed in Solomon Islands; it does not reach a business with no such licence.
- Apply appropriate security safeguards to prevent the collection, use, maintenance, or disclosure of a consumer's information.
- Expect a contravention of this duty to be prosecutable as a criminal offence under s. 120(1)(j), or instead pursued as a civil violation under Part 18, but not both for the same conduct.
- Expect a consumer who sustains loss or damage from your failure to safeguard their information to be able to sue you in court under s. 117 to recover that loss, where the matter is proceeded as a violation rather than an offence.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- PR.DS-P5Protections against data leaks are implemented.
- NIST CSF 2.0
- PR.DS-01The confidentiality, integrity, and availability of data-at-rest are protected
- CIS Controls
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- AIR-PREV-008Quality of Service (QoS) and DDoS Prevention for AI Systems
- AIR-PREV-012Role-Based Access Control for AI Data
- AIR-PREV-014Encryption of AI Data at Rest
- AIR-PREV-017AI Firewall Implementation and Management
- AIR-PREV-020MCP Server Security Governance
1 more
- AIR-DET-001AI Data Leakage Prevention and Detection
- ENISA NIS2 guidance
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
CIS Critical Security Controls® (CIS Controls®) v8.1 © Center for Internet Security, Inc. Safeguard numbers are used under a CIS Controls Supporter License; the one-line descriptions beside them are our own, not CIS text.
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Contravening the security-safeguards duty in s. 72(1)(b) is an offence under s. 120(1)(j), which criminalises a contravention of section 72(1) as a whole (both paragraph (a)'s consent duty and paragraph (b)'s safeguards duty); on conviction a natural person is liable to a fine not exceeding 50,000 penalty units for a first offence and 100,000 penalty units for any second or subsequent offence, or to imprisonment for up to seven years, and a company or other entity is liable to a fine not exceeding 500,000 penalty units for a first offence and 2,500,000 penalty units for any second or subsequent offence (s. 121). Section 119 bars pursuing the same contravention as both an offence under Part 19 and a civil violation under Part 18.
Who enforces it
Enforcement body
Telecommunications Commission of Solomon Islands
Settledness
No Telecommunications Commission order, direction, or regulation implementing s. 72(1)(b) was found in the Commission's own published Legislation, National Policy, or Technical Reports library, and no reported enforcement action under s. 117 or s. 120(1)(j) for this duty was found.
- As of
- Open questions
- Has the Telecommunications Commission issued an order, direction, or regulation specifying what appropriate security safeguards must include under s. 72(1)(b)?
- Has any person brought a civil action under s. 117 for a failure to apply security safeguards under s. 72(1)(b), and with what result?
What it reaches
Obligation class
Security
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- A person providing or entitled to provide a telecommunications service in Solomon Islands under a service licence or an exemption
What this law does
Section 72(1) of Part 11 (Relations with Consumers) binds a telecommunications service provider with two duties under the same subsection: paragraph (a) bars collecting, using, maintaining, or disclosing a consumer's information without consent, already researched as this jurisdiction's privacy row, and paragraph (b), researched here, separately requires the service provider to apply appropriate security safeguards to prevent the collection, use, maintenance, or disclosure of that information.
Section 120(1)(j) of Part 19 makes a contravention of section 72(1), covering both paragraphs, a criminal offence, and section 121 sets the penalty. Section 113(2) of Part 18 separately makes any contravention of the Act, including of paragraph (b), a civil violation. Section 117 lets a person who sustained loss or damage from a violation sue in court to recover an amount equal to that loss from the person who committed or is vicariously liable for it.
Section 119 bars proceeding against the same contravention as both an offence and a violation. The Telecommunications Commission of Solomon Islands enforces the Act generally, including this duty, and no order, direction, or regulation implementing paragraph (b)'s safeguards standard was found in the Commission's own published library. Section 1 sets the Act's own commencement as a date the Minister appoints by notice in the Gazette. Legal Notice No. 561 of 2009 appoints as that date.
When LexLint raises it
When your app profile says your app provides telecom services.
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