A/HRC/23/40 70. A further initiative preventing communications anonymity is the gradual adoption of policies that require the registration of SIM cards with a subscriber's real name or government-issued identity document. In 48 countries in Africa, laws requiring individuals to register their personal information with their network provider prior to activation of prepaid SIM cards are reportedly facilitating the establishment of extensive databases of user information, eradicating the potential for anonymity of communications, enabling locationtracking, and simplifying communications surveillance. 48 In the absence of data protection legislation, SIM users' information can be shared with Government departments and matched with other private and public databases, enabling the State to create comprehensive profiles of individual citizens. Individuals are also at risk of being excluded from use of mobile phone services (which may enable not only communication but also access to financial services) if they are unable or unwilling to provide identification to register. H. Restrictions on encryption and key disclosure laws 71. The security and anonymity of communications are also undermined by laws that limit the use of privacy-enhancing tools that can be used to protect communications, such as encryption. Many States have now adopted laws that mandate an individual enable decryption when so ordered. The South African Regulation of Interception of Communications and Provisions of Communication-Related Information Act of 2002 requires decryption assistance from any person who possesses the decryption key. 49 Similar laws exist in Finland (Section 4(4)(a) Coercive Measures Act 1987/450), Belgium (Art. 9, Law on computer crime of 28 November 2000), and Australia (Sections 12 and 28 Cybercrime Act 2001). VII. The roles and responsibilities of the private sector 72. The vital developments in technology that have enabled new and dynamic forms of communication have been occurred primarily in the private sector. In this sense, many of the changes in the way we communicate, receive and impart information are based on the research and innovations of corporate actors. 73. The private sector has also played a key role in facilitating State surveillance of individuals, in a number of ways. Corporate actors have had to respond to requirements that digital networks and communications infrastructure be designed to enable intrusion by the State. Such requirements were originally adopted by States in the 1990s and are becoming compulsory for all communications services providers. Increasingly, States are adopting legislation requiring that communications service providers allow States direct access to communications data or modify infrastructure to facilitate new forms of State intrusion. 74. In developing and deploying new technologies and communications tools in specific ways, corporate actors have also voluntarily taken measures that facilitate State surveillance of communications. In its simplest manifestation, this collaboration has taken the form of decisions on how corporate actors collect and process information, which allows them to 48 49 Kevin P. Donovan and Aaron K. Martin, “The Rise of African SIM Registration: Mobility, Identity, Surveillance and Resistance,” Information Systems and Innovation Group Working Paper Series, no. 186, London School of Economics and Political Science (20012). Section 29. South African Regulation of Interception of Communications and Provisions of Communication - Related Information Act 2002. Available at: http://www.dac.gov.za/acts/Regulation%20of%20Interception%20of%20Communications%20Act.pdf. 19