Report on Transparency in Communications 2020 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
CONTENTS
03 Introduction and Scope of the Report 04 Our Governance 06 Our Human Rights Due Diligence 08 Applicable Policies and Processes United Kingdom Germany 12 Indicators of this Report
Spain
Mexico 14 Report by Country
Venezuela
Colombia 15 Argentina 28 Ecuador 40 Spain Ecuador 18 Brazil 31 Germany 44 United Kingdom Peru 21 Chile 34 Mexico 48 Uruguay 24 Colombia 37 Peru 51 Venezuela
Brazil
Chile 54 Glossary Uruguay
Argentina
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Introduction and Scope of the Report
As testament to our commitment to the are shared when it comes to preserving and fundamental rights of privacy and freedom guaranteeing the rights of individuals. of expression, we are publishing our fifth Transparency Report with the aim of As part of this exercise in transparency, our contributing to a more open and transparent report elaborates on: society. i. our governance regarding human rights Respect for and promotion of human rights, in general and privacy and freedom of particularly privacy and freedom of expression, expression in particular; take on a new dimension in a digital world characterized by the use of new technologies, ii. our human rights due diligence; Artificial Intelligence and a growing importance of data on a global scale. iii. commitments, policies and processes we follow when responding to requests from Like other companies in our sector, at Telefónica Competent Authorities; we receive requests (view definition in glossary) for information concerning the communications iv. information on the legal context that provides of our customers and users, requests for the the Competent Authorities with the legal blocking of access to certain websites and basis to make these kinds of requests1; contents and the filtering of contents, as well as requests whose purpose is to temporarily v. the Competent Authorities that are suspend the service in certain areas or certain empowered under the local legislation to accounts. Such requests are made by the state request information on the indicators we this information so or unless a government or that we reject, the accesses that are affected security forces and bodies, governmental bodies report on; any other public entity already discloses said by each indicator and the URLs and/or IPs and/or judges (hereafter, the "Competent information; affected in the event of any blocking or Authorities", view definition in glossary). vi. the total number of requests we received content restrictions. last year in each of the countries we operate vii. and, in addition, whenever technically Transparency is key in this context, even more in, unless we are prohibited from publishing possible, we report the number of requests so in a world in which spaces of responsibility
1. The specific legal framework of each country, whenever relevant, also points out limitations in terms of how much information on the requests that Telefónica receives can be provided. When we do not provide data, we explain why we cannot do so. 3 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
Our Governance
BOARD OF DIRECTORS Approves the Responsible Business Plan (which includes objectives/measures related to human rights/privacy/freedom of expression).
We have established a governance model with clear responsibilities for the protection of human SECRETARY OF THE BOARD rights in general and privacy and freedom of AND REGULATORY AFFAIRS A member of the Board of Directors and responsible, expression in particular. among other matters, for promoting privacy/ freedom of expression with the relevant external Our human rights activities are defined and stakeholders. implemented by means of the Responsible Business Plan, which sets out the company’s sustainability strategy and objectives and is directly approved and monitored by the Board of Directors and its Sustainability and Quality Committee (one of the Board’s permanent SUSTAINABILITY AND QUALITY COMMITTEE AUDIT AND CONTROL COMMITTEE (Permanent committee of the Board) (Permanent committee of the Board) committees). Oversees the implementation of the Responsible Monitors, among other matters, specific issues Business Plan (which includes objectives/measures related to privacy and freedom of expression by Our Human Rights Policy and our due diligence related to human rights/privacy/freedom of means of a regular report by the Compliance Officer process, which are based, amongst others, on expression) by means of a monthly report. and Data Protection Officer. the UN Guiding Principles on Business and Hu- man Rights and the Principles of the GNI (Global Network Initiative), form an integral part of the Responsible Business Plan.
This governance model, headed by the Board of RESPONSIBLE BUSINESS OFFICE COMPLIANCE/DATA PROTECTION OFFICER Directors and the Responsible Business Office The Responsible Business Office (headed by the Compliance/Data Protection Officer is the function and involving all the relevant departments, Corporate Ethics and Sustainability department) responsible within the Group for privacy issues. seeks to ensure that our commitment to human brings together all the company’s relevant rights is incorporated into all activities and levels department directors to define and monitor the of the company. Responsible Business Plan.
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In addition, the DPO (Data Protection Officer) specifically regarding data reported by the busi- is the function responsible within the Group ness units. The objective is to ensure at all times for the protection of personal data and reports the quality of the data as evidence of complying directly to the Board of Directors via the Audit with current legislation and the protection of and Control Committee (one of the Board’s fundamental rights of individuals. permanent committees). The DPO coordinates the Steering Committee, involving all relevant Those requests, which due to their characteris- corporate areas for specific matters relating to tics and exceptional nature so require, are analy- privacy and freedom of expression. As a member sed by the heads of the respective business of the aforementioned Responsible Business units by means of the appropriate weighting of Office, the DPO regularly feeds issues related to all the interests potentially involved, including his function back into said Office. human rights, fundamental freedoms and any other interests that may be applicable and, if Lastly, the General and Regulatory Affairs Secre- circumstances arise, by the bodies within the tary is a member of the Board of Directors and is company whose functions include the as- responsible, among other matters, for promo- sessment and management of situations which ting privacy and freedom of expression with could eventually lead to a crisis. relevant external stakeholders. In this function, he also led the publication and dissemination of The procedure established in the Global Crisis Telefónica´s “Digital Manifesto” in 2018, which Management System is applied in the event of a calls for a new cooperative effort between gover- crisis. Its taxonomy of critical incidents that could nments, business and civil society to define a lead to a crisis lists, amongst others, requests New Digital Deal adapting the current regulatory from authorities which may have an impact on environment for the digital age, paying special freedom of expression and privacy and/or legis- attention to the issues of privacy and freedom lations with a potentially high negative impact of expression. on human rights (freedom of expression, etc.). The Global Crisis Management System stipulates What is more, we have a Transparency Com- that, in the event of a crisis related to privacy mittee for privacy and freedom of expression and/or freedom of expression issues, the Chair of issues related to requests made by Competent the Crisis Committee may convene the so-called Authorities, which is composed by the Legal “Human Rights Round Table” (made up of the Department, Compliance, Internal Audit and relevant departments) in order to analyse the Corporate Ethics and Sustainability. The Trans- situation, design and apply a response strategy, parency Committee analyses the reported data report to the Executive Committee and conduct in this report and may make such observations further analysis in order to prevent such risks in as they deem relevant, both in general terms or the future.
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Our Human Rights Due Diligence
Since 2006 human rights have been an integral part of our Business Principles. The UN Guiding Human Abolition of child/ Working Non- Privacy Principles on Business and Human Rights have rights issues forced labour conditions Discrimination served as a fundamental guide to promote the guarantee of and respect for people´s fundamen- Environmental Diversity/ Access to Freedom of tal rights and, specifically, with regard to privacy protection Inclusion Information Expression and freedom of expression.
In line with our Global Human Rights Policy, we have a human rights due diligence process in Value place to identify, prevent, mitigate and remedy chain (potential and actual) human rights impacts. An Providers Upstream Downstream Customers integral part of our human rights due diligence process involves human rights impact as- sessments; these are conducted every four years at global level with the help of external human Sustainable Health and Security Policy Global Rule on Requests rights expert organisations and in close consulta- Supply Chain Safety Policy Business Principles by Competent Authorities tion with our stakeholders. The objective of these Policy global impact assessments is to find out how our Human Rights Policy activities/business relationships and products/ Internal services impact on all existing human rights policies Environmental Policy Anti-Corruption Policy Privacy Policy (see human rights issues analyzed in impact assessments in figure to the right) and, on this Child protection Non-discrimination Principles of AI Responsible basis, identify the human rights issues that are commitment Policy Communication most salient to our business activity. Additional, Policy specific assessments are carried out on any sig- nificant issue for which the impact assessment identifies special concern.
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In addition, local human rights impact as- further information on the latest global impact sessments are conducted in the markets in which assessment). Once the analysis was concluded, we operate to integrate the local context into the several activities and topics were identified as overall assessment. We also have a complaint deserving specific evaluations, such as the impact and remedy mechanism, our Responsible Busi- assessments on the network deployment pro- ness Channel, which allows stakeholders to con- cess, the development of new products and servi- fidentially and anonymously make complaints ces (including those in which Artificial Intelligence and queries (in several languages) concerning is applied) and the rights of children. any aspect related to the Business Principles and human rights in general as well as privacy and/ All the aforementioned activities regarding or freedom of expression in particular. We have impact assessments form the basis for adapting a procedure in place that guarantees the proper our internal policies and processes with a view management of the Channel. to preventing, mitigating and/or remedying potential impacts on human rights in general and, In 2013, in coordination with BSR (Business for in particular, privacy and freedom of expression. Social Responsibility), we conducted our first Below we highlight the most important internal impact assessment across all our operations policies and processes with regard to privacy and and published our first public commitment to freedom of expression that have been adapted as human rights. Privacy and freedom of expression a result of the latest impact assessments. were identified as two relevant issues in this first impact assessment to be managed from a human rights perspective. In 2019, we updated our impact matrix with a new assessment by BHR (Business & Human Rights) in order to understand the potential impacts of our Group´s new strategy and activities in an ever-changing digital environment. The rights to privacy and freedom of expression were again identified as significant (viewour website on human rights for
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Applicable Policies and Processes
We have designed and updated different policies transparency, commitment to the rights of > DPO’s Office: This office is responsible Global Rule on Requests made and procedures in order to ensure the protection the data subject, security and limitation of the for coordinating the compliance and data by Competent Authorities: of the rights of privacy and freedom of expression, conservation period. functions to ensure the execution of the overall This rule was approved in 2019 to strengthen the access to information and non-discrimination. compliance program in the Group and takes on a procedure already existing since 2016, with the Under the principle of transparency, we guarantee technical function of data protection supervising aim of aligning it with other existing policies and Global Human Rights Policy: that the data subjects are provided with easily compliance with the data protection regulations our commitment to respect human rights and Approved in 2019, this policy formalises our accessible and intelligible information on the of the Telefónica Group. fundamental freedoms. It defines the principles commitment to human rights included in personal data we collect (e.g. their name, and common minimum standards to be taken a general manner in Telefónica’s Business surname(s), address, bank account, personal > Steering commitee: This committee includes into account in the internal procedures of the Principles and elaborates in greater detail on preferences, etc.), how we collect them and the the relevant areas of the company (Legal Group’s companies/business units in order to fulfil a set of policies and processes that seek to purpose (service provision, etc.). Department; Regulation and Institutional their duty of collaboration with the competent ensure the respect for and the application of Affairs; Technology; CDO; Compliance; Corporate authorities in accordance with the applicable internationally recognised social, economic and Regulation on the Model of Governance of Ethics and Sustainability and Internal Audit) and national legislation and with the fundamental cultural human rights. Data Protection: reviews compliance with the governance model rights of those involved in this type of procedures. Global Privacy Policy: The objective of this regulation is to address the in data protection matters. Updated in 2018, this policy forms part of most important aspects to be taken into account The principles governing the procedure are Telefonica’s strategy to design a digital experience for the proper management and protection of > Business Committees: Through the technical confidentiality, completeness, justification, based on trust. personal data. function of data protection, the DPO Office proportionality, political neutrality, diligent Aware of the importance of deserving the trust maintains permanent interactions with other response and security. of our customers and/or users and, generally It establishes an organizational and relationship areas, via the Compliance Officers, in order to speaking, of our stakeholders, this policy model in which the chief responsible for the ensure maximum uniformity in the application We are committed to ensuring the participation of guarantees them control over and the value of personal data protection function is the Data of common processes, and/or identification, and legal areas or similar ones with legal competence their personal data when they are processed by Protection Officer (DPO), who reports directly treatment of specific privacy issues in the area of in the handling of these requests. We have fixed Telefónica. to the Board of Directors of Telefónica, S. A. In activity in each area. interlocutors as a one-stop shop in our relationship addition, the following relationship and governance with the competent authorities, so we reject any It stipulates the general mandatory common structure is established: request that does not come through these official standards of behaviour for all entities in the channels. Group, and establishes a framework for a culture of privacy based on the principles of legality,
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Global Security Policy: Security Regulation, Cybersecurity Regulation, impartiality, transparency, clarity, privacy and Human rights training: Updated in 2019 and inspired by the principles Supply Chain Security Regulation and Security security. These rules are applied in all of the In late 2019 we began working on specific human of honesty and trust, this policy is guided by the Governance Regulation, among others). markets in which we operate and are extended to rights trainings, which will continue throughout relevant domestic and international standards and our entire value chain through our partners and 2020 by integrating a deep dive on human rights regulations and establishes the guiding principles Responsible Communications Regulation: suppliers. in the mandatory training course on our Business in matters of security that are applicable to all the Approved in October 2018, its aim is to establish Principles and conducting specific workshops companies that form part of the Telefónica Group. guidelines for Telefónica´s actions with regard During 2019 we have worked on implementing for those employees whose work may have an to our communication and content generation these principles across all our operations, focusing impact on human rights. The areas in which these The security activities are governed by the channels. It is based on the principles of legality, on three inter-related pillars: workshops will be conducted are: following principles: integrity and transparency, neutrality and protection of minors. > Training for employees: We conducted an > Legal and Compliance: To promote and > Legality: Necessary compliance with domestic online training course on Ethics and Artificial respect privacy and freedom of expression in and international laws and regulations in As for the principle of neutrality, we undertake Intelligence for our employees, explaining (a) the context of requests made by Competent matters of security. to avoid positioning ourselves politically as a how Artificial Intelligence, if used inappropriately, Authorities (on the basis of the GNI Principles) as company and promote the right to freedom of can have a negative impact on human rights well as in mergers, acquisitions and divestment > Efficiency: The anticipatory and preventive expression within the regulatory frameworks to and (b) what steps should be taken in practice to processes. nature of any potential risk and/or threat is which we are subject. In our communication to address potential human rights risks associated highlighted with the aim of anticipating and customers and through advertising we prohibit with the use of Artificial Intelligence. > Public Affairs and Institutional Relations: preventing any potential harmful effect and/or certain conducts that are contrary to our Business To promote privacy and freedom of expression mitigating any damage that might be caused. Principles. Thus, in our messages and our > A self-assessment questionnaire for the by means of proactive advocacy with external sponsorships we do not tolerate any abuse of product managers who buy, develop and/or use stakeholders (e.g. governments, international > Co-responsibility: The duty of users to the consumer’s good faith, violations of people’s Artificial Intelligence. For each of our Artificial organisations and NGOs). preserve the security of the assets that dignity, the promotion of alcohol, tobacco, Intelligence Principles specific questions are Telefónica places at their disposal. drugs, eating disorders and terrorism, incitement posed regarding the algorithm used, so that > Product managers and developers: To to hatred, violence and discrimination or the product managers can identify the associated integrate human rights from the design phase > Cooperation and Coordination: Cooperation commission of unlawful behaviour, nor any abuse risks and are given recommendations to manage and focusing on products and services that and coordination between all the business of the child’s naivety. them. incorporate new technologies such as Artificial units and employees are priorities for the Intelligence. achievement of the appropriate levels of Artificial Intelligence Principles: > Governance: We have a governance model efficiency. Approved by the Executive Committee in October aimed at effectively implementing our Artificial 2018, we are committed to designing, developing Intelligence Principles. As a result of this policy, several regulations were and using Artificial Intelligence with integrity and updated during 2019-2020 to ensure effective transparency. Our IA principles put people at the compliance with it (The Incident and Emergency centre and ensure respect for human rights in any Management Regulation, Security Risk Analysis context and process in which Artificial Intelligence Regulation, Network and Communications is used: The principles emphasize equality and
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Integration of human rights into in this questionnaire are, for example, privacy, document with a higher level of detail of those and security policies, etc.) are subject to Enterprise Risk Management: freedom of expression, nondiscrimination, data sets. review and supervision by those responsible Risks related to human rights impacts have artificial intelligence and impact on vulnerable for the internal policies who lead the proposal, always been present in Telefónica’s risk groups such as children, etc. If human rights The experience of the Transparency Centre creation, dissemination and implementation of mapping model. In 2017, however, the human risks are identified after completion of the self- has been designed to be user-centred, them and carry out its monitoring, evaluation rights risk was specifically included in this assessment, the product/service in question is avoiding the use of complex legal language. and updating and who are empowered to model. subjected to further analysis with the help of Aura, Telefónica's artificial intelligence, carry out sample supervisions of the controls human rights experts in the company so as to accompanies and provides in each visualisation whenever they deem it appropriate to do so. The objective is to identify any risk of direct or address possible adverse human rights impacts an explanation of the purpose and nature of indirect impact of Telefónica Group’s operations in the further development of the product/ the data within Telefónica, offering clarity, on human rights, be it as a consequence of the service. transparency and increasing trust. Company’s own activity or the activity carried out by our suppliers or other commercial Transparency Initiatives: With the Transparency Centre we further relations. This analysis contemplates any One of the challenges and key elements of empower our customers with control and change in legislation or activity that may have privacy is guaranteeing transparency. At transparency functions over their data. an impact on human rights. Telefónica we seek to put this into practice by including transparency as one of the guiding Effective application of policies and This risk assessment facilitates the definition principles of the Global Privacy Policy and processes: of the necessary actions in directly affected developing different initiatives bringing this In accordance with our Policy for the business units with the aim of mitigating and/or principle to life. A case in point is our Global Elaboration and Organisation of the Regulatory avoiding these risks and prioritising the actions Privacy Centre and the Privacy Centres of our Framework, the Internal Audit Department to be taken by Internal Audit, with a view to OBs in the markets. In addition, Telefónica has is responsible for coordinating the Telefónica planning supervisory activities for internal been working on providing customers with Group’s Regulatory Framework by supervising control reasons. access to the data they generate while using the process of defining the internal policies our services, data that are collected in the and, in turn, promoting actions to encourage Human rights by Design: so-called “Personal Data Space”. In 2020, we their updating and communication. In addition, We assess potential human rights impacts of will launch the Transparency Centre in Spain it detects the needs and opportunities for the new products and services through a 'human to provide access to and management of the improvement, modification and updating of rights by design' approach, i.e. at the outset data collected in the Personal Data Space. the existing Internal policies, proposing lines of of designing and/or marketing products and Through the "Permissions" section, customers action to the people responsible for the Internal services. To be more precise, product managers can manage their consent for the use of data Standards and providing support and advice for have to perform a self-assessment of new for certain purposes. And the "Access and the person responsible in relation to its wording products and services using an online tool in the Download" section offers useful visualisations and implementation. design phase in order to identify and address of different types of data, with a user-friendly potential human rights impacts evident in the experience and respecting privacy criteria. The observance and compliance with the design phase itself. The human rights addressed It also provides the option of downloading a regulations (e.g. the above-mentioned privacy
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GNI (Global Network Initiative) and RDR (Ranking Digital Rights) As testament to our commitment to the fundamental rights of freedom of expression and privacy, we are constituent members of the TID (Telecommunications Industry Dialogue) Group for Freedom of Expression and Privacy, a group that merged with the GNI (Global Network Initiative) in 2017. The GNI is a global organisation whose members are investors, think tanks and members of civil society and private companies: telecommunication operators, internet service providers and equipment and software manufacturers.
As a member of GNI, Telefónica is one of the signatories of the principles of the communications sector regarding freedom of expression and privacy and we are committed to their implementation and are held accountable by means of indepedent assessments through external auditors. Thus, in 2019 we successfully underwent our first independent assessment by the GNI. The GNI’s Board of Directors, composed of multiple stakeholders, determined that Telefónica is making good-faith efforts to implement the GNI’s principles of freedom of expression and privacy with improve- ments over time. The GNI’s positive evaluation was based on a report by an indepen- dent external consultant (Deloitte) which assessed Telefónica’s policies, processes and governance model for safeguarding freedom of expression and privacy.
In addition, we ranked first among all the telecommunications companies in the 2019 Ranking Digital Rights, which assesses companies’ commitments, policies and practices regarding freedom of expression and privacy, including governance and supervisory mechanisms.
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Indicators of this Report
In the following sections we report the number real time. > type of communication; majeure, such as natural catastrophes, acts of of requests we receive from the Competent This year we have incorporated the terrorism, etc. Authorities in the countries in which we operate. breakdown of interceptions, whenever > computer equipment identities technically and/or legally possible, in the (including IMSI or IMEI); In addition, for each indicator we also report the Any request received from a national authority following way: following sub-indicators: must comply with the judicial and/or legal > user or device location. processes that correspond to the country in > Registrations: Requests for a new Requests rejected or partially dealt with: question. At Telefónica we only repond to interception. Content blocking and restriction: number of times that we have rejected a requests from Competent Authorities as laid Requests made by Competent Authorities request or that we have only provided partial down in our Global Rule on Requests made > Extensions: Requests to extend an existing to block access to specific websites or any information or no information in response to by Competent Authorities. At Telefónica we interception. given content. These involve requests to a request for one of the following reasons: don´t respond to private requests, but only block access to websites or contents, but deal with requests from authorities that are > Cancellations: Requests to disconnect an not requests to delete user content. To give > Because it does not comply with local empowered to do so by the law. However, as existing interception. an example, blocking requests are issued legislation for that type of requirement. a sole exception, in order to proactively fight because websites or contents infringe local against contents and images of sexual abuse of Access to metadata: Requests made by laws (usually in relation to child pornography, > Because it does not contain all the necessary minors on the internet, at Telefónica we proceed Competent Authorities that seek to obtain online betting games, copyright, libel, the elements to enable the execution (necessary to block these materials in accordance with the historical data referring to: illegal sale of medicine, weapons, registered signatures, competent authority, technical guidelines and lists provided by the Internet trademarks). This year we have incorporated description of the requirement, etc.). Watch Foundation. > registered users’ name and address the breakdown by blocking type when the (subscriber information); tools and legislation so permit. > Because it is technically impossible to execute The indicators we report in this report are: the request. > data identifying the source and destination Geographical or temporary suspensions Lawful interceptions: Requests made by of a specific communication (e.g., telephone of the service: Requests made by Competent Authorities within the framework numbers, Internet service user names, etc.); Competent Authorities to temporarily or of criminal and, where appropriate, civil geographically limit the provision of a service. investigations with the aim of intercepting > communication dates; These requests are usually connected with communications or accessing traffic data in circumstances involving situations of force > times and duration;
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Accesses affected: number of accesses In addition, we also must highlight the affected by each request. We count the exceptional situation in which Venezuela finds affected URLs for the blocking and restriction itself and the challenges we face in verifying of contents. our global processes in the country. In this situation, Telefónica must prioritise compliance What is more, this Transparency Report also with current legislation, the maintenance of seeks to inform in a transparent manner connectivity in the country and the well-being about our efforts regarding those requests of our employees. and situations that may have a potential impact on the rights of privacy and/or freedom of expression. We classify these requests/ situations as "major events" (see definition in glossary).
In this context we should highlight the amendment of General Law 9/2014 on Telecommunications in Spain, by virtue of the provisions of Royal Decree-Law 14/2019 of 31st October, which adopts urgent measures for reasons of public security in matters of digital administration, public sector procurement and telecommunications. This law and the articles affecting legal interceptions are elaborated on in the legal context of the Spain country section.
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Report by country
Argentina Mexico
Brazil Peru
Chile Spain
Colombia United Kingdom
Ecuador Uruguay
Germany Venezuela
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Argentina www.telefonica.com.ar
Telefónica has been present in Argentina since infrastructure investments and a wide range of the privatisation of telephone services in 1990. fixed and mobile telephony and Internet services. Over these years, the company has developed into a group of companies specialized in The Company managed more than 21.2 million integrated communications. accesses at the end of December 2019. 21,221 Total accesses In these years, Telefónica Argentina contributed With regard to the financial figures, in 2019 to the development of communications through Telefónica’s revenue in Argentina stood at 2,163 Accesses at closing 2019 (data in thousands). million euros and the OIBDA was 499 million euros.
Accesses
3,143 16,538 Fixed telephony Mobile telephony
1,371 153.2 Broadband Pay TV
Accesses at closing 2019 (data in thousands).
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LAWFUL INTERCEPTIONS ACCESS TO METADATA BLOCKING AND FILTERING OF CERTAIN CONTENTS Legal framework Legal framework Legal framework National Constitution of Argentina, Requests National Constitution of Argentina, Article 18. Article 18. Law 27,078, Article 5: Inviolability of Law 19,798, Articles 18 and 19: Inviolability of communications. Law 19,798, Articles 18 and 19: Inviolability 35,037 35,601 35,540 communications. of communications. 27,261 Competent authorities 21,824 Law 27,078, Article 5: Inviolability of Law 27,078, Article 5: Inviolability of com- communications. Judges, Prosecutors and the State security munications. corps and bodies to which the investigation Competent authorities has been delegated. Competent authorities 2015 2016 2017 2018 2019 Judges, Prosecutors and the State security Judges are the only ones authorized to corps and bodies to which the investigation Requests request judicial intervention on an access; Breakdown of Interceptions (2019) has been delegated. Prosecutors the only ones in the case of 97,650 an ongoing crime of extortive kidnapping, Registrations 14,727 88,370 in which case they may request the Requests 81,404 intervention, which must be ratified by a 52,395 98,818 judge within a maximum of 24 hours. In 97,650 Extensions 6,328 88,370 terms of procedure, the courts request the 81,404 70 intervention of the so-called Directorate 52,395 of Legal Assistance in Complex Crimes 2015 2016 2017 2018 2019* Cancellations 14,485 (DAJDECO), an agency of the National *In 2019, we began to register the data on the indicators 1) access to metadata, 2) blocking and filtering of certain Supreme Court, which then formalizes and contents and 3) geographical or temporary suspension follows up on the request for intervention 2015 2016 2017 2018 2019 of the service separately in Argentina and not in an aggregated manner as in previous years, which is why the from the service providers. Accesses Requests 2019 data is not comparable to the rest. affected 14,727 rejected 0 *In 2019, we began to register the data on the indicators 1) access to metadata, 2) blocking and filtering of certain contents and 3) geographical or temporary suspension of the service separately in Argentina and not in an aggregated Type of Online manner as in previous years, which is why the 2019 data is blocking gambling not comparable to the rest.
URLs Requests Accesses Requests affected 68 rejected 0 affected 98,818 rejected 0
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GEOGRAPHICAL OR TEMPORARY SUSPENSION OF THE SERVICE
Legal framework Requests
Although there is no specific rule governing this, it may be interpreted as part of what is establis- 97,650 88,370 hed in Art. 57 of Law 27,078, as regards; 81,404
52,395 Article 57: Network Neutrality. Prohibitions. IC service providers may not: 108
a)Block, interfere, discriminate, disrupt, da- 2015 2016 2017 2018 2019* mage, or restrict the use, sending, receiving, *In 2019, we began to register the data on the indicators providing or access to any content, applica- 1) access to metadata, 2) blocking and filtering of certain tion, service, or protocol unless by court order contents and 3) geographical or temporary suspension of the service separately in Argentina and not in an or explicit user request. aggregated manner as in previous years, which is why the 2019 data is not comparable to the rest. Competent authorities The requests reported are to temporarily restrict the mobile data traffic of certain customers. In the absence of a specific rule, the only body competent for passing a measure to suspend the service in a given area is a judge with Accesses Requests affected 108 rejected 0 federal jurisdiction, according to Art. 57.
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Brazil www.telefonica.com.br
Telefónica entered the Brazilian market in Telefónica manages more than 93,7 million 1998, when the restructuring and privatisation accesses in Brazil at December of 2019. of Telebrás was taking place. Later, in 2002, Telefónica and Portugal Telecom created a Joint With regard to the financial figures, in 2019, Venture to operate in the Brazilian mobile market Telefónica’s revenue in Brazil reached about 93,732.3 and they began their commercial operations 10,035 million euros and the OIBDA stood at Total accesses under the name Vivo in April 2003. 4,262 million euros. Accesses at closing 2019 (data in thousands). In 2015, Telefónica Brazil has closed the acquisition of GVT and has become the leading Brazilian integrated operator.
Accesses
10,817 74,573.1 Fixed telephony Mobile telephony
7,009.2 1,319.7 Broadband Pay TV
Accesses at closing 2019 (data in thousands).
18 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
LAWFUL INTERCEPTIONS ACCESS TO METADATA
Legal framework Legal framework Competent authorities
Constitution of the Federal Republic of Brazil: Constitution of the Federal Republic of Brazil: Public Prosecutor’s Office, Police Art. 5. Art. 5. Commissioners and Judges in any sphere: Requests* the name and address of the registered user Law Nº. 9,296, of 24 July 1996. Law Nº. 9,296 of 24 July 1996. (subscriber data), as well as the identity of the 576,142 communication equipment (including IMSI 437,770 445,480 Resolution Nº. 426 of 9 December 2005/ 398,507* Law Nº. 9,472 of 16 July 1997. Art. 3. or IMEI). Regulation of Fixed Telephone Service - STFC. STFC. 326,811* Law Nº. 12.683 of 9 July 2012. Art. 17-B. Judges in any sphere: data to identify the origin and destination of a communication Resolution Nº. 614 of 28 May 2013/Regula- Law Nº. 12,830, of 20 June 2013. Article 2. (e.g. telephone numbers, internet service tion on Multimedia Communication Service. user names), date, time and duration of a 2015 2016 2017 2018 2019 Law Nº. 12850 of 20 August 2013 Article 15. communication and the location of the device. Resolution Nº. 477 of 7 August 2007/Regu- lation on Personal Service. Law Nº. 12965 of 23 April 2014. Art. 7; 10 and 19.
Competent authorities Breakdown of Interceptions (2019) Decree Nº. 8,771 of 11 May 2016. Article 11. Requests 3,131,634 In accordance with article 3 of Brazilian Federal Law N.º 13344 of october 2016, Art. 11. 2,605,498 Registrations 556,520* Law Nº. 9,296/1996 (Law on Interceptions), 1,942,267 only the Judge (in the criminal sphere) can Law N.º 13812 of october 2019, Art. 10. 1,552,080 determine the interceptions (both telephonic 1,291,629 and telematic), at the request of the Public Extensions - Resolution Nº. 426 of 9 December 2005/ Prosecutor or the Police Commissioner Regulation of Fixed Telephone Service - STFC. (“Police Authority”). STFC Articles 11, 22, 23 and 24. 20151 2016 2017 2018 2019 Cancellations 19,622 Resolution Nº. 477 of 7 August 2007/
*Includes registrations and extensions of interceptions. Regulation on Personal Service Articles 6, 10, Accesses Requests 12, 13, 89 and 90. affected 2,605,498 rejected 0
Accesses Requests Resolution Nº. 614 of 28 May 2013/ affected 556,520 rejected 0 Regulation on Multimedia Communication Service Art. 52 and 53.
19 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
BLOCKING AND FILTERING GEOGRAPHICAL OR TEMPORARY OF CERTAIN CONTENTS SUSPENSION OF THE SERVICE
Legal framework Legal framework Requests 16,030** Law Nº. 12965 of 23 April 2014. Art. 7 and 19. Resolution Nº. 73 of 25 November 1998. Article 31.
* * Resolution Nº. 477 of 7 August 2007. 0 0 0 0 Competent authorities Article 19. 2015 2016 2017 2018 2019 URL’s Requests affected 18,179 rejected 0 * There were no data available, as they were recorded together Exclusively Judges. Competent authorities with the cases known as atypical and low-volume. **This data is not comparable to other years since 2019 service Copyright Image Rights Exclusively Judges. suspensions of individual accounts are now being counted in this Requests indicator (previously reported as content blocking). 18,179 0.03% 0.07%
Accesses Requests affected 16,030 rejected N/A Debt enforcement Piracy
3 9,546 0.01% 99.88%
Others 3,056
2 1 1,185 2 0.02%
2015 2016 2017 2018 2019
1. The two cases in 2015 correspond to the blocking of the 2. Clarification: After the general blocking measures that affected WhatsApp application. all potential customers (whatsapp case), public authorities * In February 2015, the judicial authority determined that started to practice individual blocking in the field of criminal the operators should block their customers’ access to the investigations. WhatsApp application until the fulfilment of the original 3. In 2019, only URL blocking is counted, which is why we order sent to the application. The request had a legal basis report the service suspensions of individual accounts in the within the area of the criminal proceedings conducted by the "Suspension of Service" indicator. Commissioner for Child and Adolescent Protection. ** On 16/12/2015, the Company received another order for a 48hour access period to the WhatsApp application. The measure was adopted with the same legal basis as the case mentioned in the previous point.
20 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
Chile www.telefonicachile.cl
Chile is the first country in Latin America in which progressive adoption of high-speed broadband Telefónica began its activity, that is in 1989. plans and in the mobile business. The Telefónica Group in Chile is a provider of telecommunications services (broadband, digital At the end of December 2019, Telefónica Chile TV and voice). had more than 10.3 million accesses. With 10,319.9 regard to the financial figures, Telefónica’s Total accesses Telefónica Chile also concentrates on the revenue in Chile stood at 1,914 million euros expansion of the pay TV business and the and the OIBDA was 669 million euros. Accesses at closing 2019 (data in thousands).
Accesses
1,072.9 7,652 Fixed telephony Mobile telephony
1,065.6 523.3 Broadband Pay TV
Accesses at closing 2019 (data in thousands).
21 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
LAWFUL INTERCEPTIONS ACCESS TO METADATA
Legal framework Competent authorities Breakdown of Interceptions (2019) Legal framework
Criminal Procedure Code: Art. 9, 219, 222 Public Prosecutor’s Office, by virtue of a prior The Political Constitution of the Republic Registrations 11,020 and 223. judicial authorisation. of Chile. Based on the provisions of the sole article of Law 21.096 that modified Article Law 20,000. Drug trafficking and control. State Intelligence Agencies, through the Natio- 19 number 4 of the Constitution, all persons Extensions 471 nal Intelligence System. are guaranteed: "... the protection of their Law 19,913 on money laundering. personal data. The treatment and protection The Police, by means of authorisation from of this data will be carried out in the form and Cancellations 440* Law 18,314 determining terrorist the Examining Judge of the Crime (Inquisitorial conditions determined by law". consultations. Criminal Procedure). *These cancellations are not considered within the total of requests since these are cancellations that occur The Code of Criminal Procedure: Articles 219 Decree Law 211, article 39, letter n). National Economic Public Prosecutor’s Office, automatically as the deadline for interception is found and 222 of the Code of Criminal Procedure in the initial request itself. with the prior authorisation of the Court of authorise the provision of information by Law 19,974. National Intelligence System Defence of Free Competition, approved by the order of the Judge of Guarantee, with a
Law. Letters a), b), c) y d) of Article 24, in respective Appeal Court Minister. Accesses Requests warning of contempt in the event of non- relation to Articles 23 and 28 of the same legal affected 5,590 rejected 163 compliance, that is to say, with a warning body. Requests of disobedience of a judicial decision, in accordance with Article 180 of the Code of
Criminal Procedure Code. Art. 177, 113a and 14,836 11,491 Criminal Procedure and Article 240 of the Code 113 ter. of Civil Procedure. 12,480 11,867 11,922*
Decree 142 of 2005 of the Ministry of The Public Prosecutor´s Office (Ministerio Transport and Telecommunications, Público) is the authority that directs the Regulation on the interception and recording criminal investigation and issues investigative of telecommunication and other forms of orders that may contain requests for telecommunication. information on telecommunications 2015 2016 2017 2018 2019 companies, in accordance with the provisions * The total of 11,922 requests for lawful interception includes of Articles 19 and 180 of the Code of Criminal a total of 714 requests for extensions of lawful interception. Procedure. In addition, and in accordance with the provisions of Article 182 of the Code of Criminal Procedure, which stipulates the secrecy of investigative actions, the Public Prosecutor´s Office may request background
22 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
information on the subscription of services Competent authorities BLOCKING AND FILTERING GEOGRAPHICAL OR TEMPORARY contracted by a particular person, sending OF CERTAIN CONTENTS SUSPENSION OF THE SERVICE jointly the identification data of the owner or Public Criminal Prosecutor: The Public user in the respective order to investigate, in Prosecutor’s Office. Legal framework Legal framework order to determine the degree of participation of the persons involved. It also requests Police with authorisation from the Public Law 17,336, on Intellectual Property. Article 85 There are no laws in the regulatory framework information on the activity of IMEI number Prosecutor’s Office and an order to investigate. Q, in relation to the provisions of article 85 R, that allow for geographical or temporary service records for certain devices that are the object of letters a) and b), of the same legal text. suspensions. investigation, information that is sent without Summary Judge in the Inquisitorial Criminal delivering the personal data of subscribers or Procedure. (Criminal Procedure Code). Estate Civil Procedure Code: Unnamed precautionary Competent authorities users associated with that IMEI number. Inteligencie. or interim measures. Not applicable. Constitutional Organic Law of the Public Agencies with prior judicial authorisation. Criminal Procedure Code: Unnamed Prosecutor´s Office N°19.640. precautionary or interim measures. Requests Requests Inquisitorial Criminal Procedure: Articles 120bis Competent authorities and 171 of the Criminal Procedure Code. N/A N/A N/A N/A N/A 41,220 42,684 38,363 Ordinary and special courts organically 2015 2016 2017 2018 2019 32,276 dependent on the Judicial Authority. 23,889 Court of Defence of Free Competition, subject Accesses Requests affected N/A rejected N/A to the managerial, correctional and economic superintendence of the Supreme Court, with 2015 2016 2017 2018 2019 the knowledge of an adversarial process.
Accesses Requests 10,357 675 affected rejected Requests 1 0 0 11 0
2015 2016 2017 2018 2019
1. For violation of copyright (Law 17,336 of Intellectual Property).
URLs Requests affected 0 rejected 0
23 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
Colombia www.telefonica.co
Telefónica has been present in Colombia since Telefónica Colombia managed 19.2 million 2004. It began its activities in the mobile market, accesses at December of 2019. following the acquisition of Bellsouth’s cellular operation in the country. Subsequently, in 2006, Telefónica’s revenue in Colombia reached 1,410 Telefónica acquired the control and management million euros and the OIBDA stood at 558 million 19,275.8 of Colombia Telecom. Today, Telefónica provides euros by the end of 2019. Total accesses voice, broadband and pay television services in the country. Accesses at closing 2019 (data in thousands).
Accesses
1,487.7 16,080.4 Fixed telephony Mobile telephony
1,179.2 528.1 Broadband Pay TV
Accesses at closing 2019 (data in thousands).
24 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
LAWFUL INTERCEPTIONS ACCESS TO METADATA Special judicial police functions are exercised (in matters within their competence) by: Legal framework Legal framework Controller General of the Nation (Article 267 Colombian Constitution: Articles 15 and 250. Requests* Colombian Constitution: Article 250. CN and article 312 CPC).
Law 906, Criminal Procedure Code of 2004. 5 Law 906 of 2004, Art. 235. General Procuracy of the Nation (Article 275 Article 235. Modified by article 52 of Law CN and article 312 CPC). 1453 of 2011. Law 1621 of 2013 Ar. 44. National Directorate of Taxes and National 2 Law 1621 of 2013, Article 44. Decree 1704 of 2012, Articles 1 to 8. Customs _ DIAN (see numeral 2, section II) 1 Public entities which exercise monitoring Decree 1704 of 2012, Articles 1 to 8. 0 0 2015 2016 2017 2018 2019 Competent authorities and control functions. Decree 2044 of 2013, Article 3. ** Only includes interceptions of landlines (fixed lines). Authorities with judicial police functions; these Mayors and police inspectors, in the places Mobile lines: Interceptions of mobile lines are not reported: The Public Prosecutor of the Nation in Colombia, as the may be of a permanent or transitory nature: in the territory where there are no members Competent authorities competent authority in accordance with the Constitution of the judicial police of the National Police. and the Law, performs direct interceptions of mobile lines. Article 312 of the new criminal procedure code Attorney General’s Office. defines that the entities which hold permanent National and regional Directors of the INPEC, powers of the Judicial Police are as follows: directors of prison establishments and Accesses Requests Through the Judicial Police group affected 0 rejected 0 custodial and surveillance personnel, designated for the investigation of the case. Prosecutor General of the Nation and all the in accordance with the Penitentiary and public servants who perform judicial functions Prison Code. (Article 249 CN and articles 112, 113 CPC). Police Inspections (Article 312 CPC). Judicial Police: C.T.I., National Police and D.A.S., authorised by the competent judicial authority and by legal mandate (Articles 311 to 320 CPC).
“Anti-kidnapping and Extortion” Unified Action Groups (Law 282 of 1996).
25 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
The offices of internal disciplinary control are BLOCKING AND FILTERING Illegal Games authorised for investigations of a disciplinary OF CERTAIN CONTENTS nature, in accordance with Law 734 of 2002 Competent authorities Legal framework (Single Disciplinary Code): TOTAL URL AFFECTED The National Police sends the Ministry of Law 1753 of 2015: Article 93, paragraph 3. Police with authorisation from the Public Information and Communication Technol- Prosecutor’s Office and an order to investigate. ogy a list of URLs with blocking orders so Law 1450 of 2011: Article 56. that the Ministry can publish it on its website Summary Judge in the Inquisitorial Criminal URL’s Requests and so that it can be viewed by the PSIs (In- Resolution CRC 3502 of 2011. affected 10,561 rejected N/A* Procedure (Criminal Procedure Code). ternal Service Portal). To access this list, the
*Because of the blocking system established by the law. PSIs must have a username and a password Competent authorities State Intelligence Agencies with prior judicial which are previously provided by the Minis- authorisation. try, so as to prevent anyone from browsing Coljuegos, an industrial and commercial URLs with a blocking order for containing company of the State in charge of the child sexual abuse. administration of the rental monopoly of games Requests Child sexual abuse material of chance, together with the National Police identify Web portals in which unauthorized 14,719 14,075 Legal framework Nº of new URLs* games of chance/gambling are commercialized 12,297 12,086 11,086 and request the Ministry of Information Law 679 of 2001: Articles 7 and 8 4,918 Technologies and Communications to communicate to the ISPs the list of URLs that
Decree 1524 of 2002: Articles 5 and 6 2,852 they must block. 2,478 1,855 Law 1450 of 2011: Section 56. 1,427(1) Nº URL 2015 2016 2017 2018 2019 Resolution CRC 3502 of 2011. 2,929 2015 2016 2017 2018 2019 Accesses Requests affected 42,225 rejected 140 (1)Since September of 2016 the platform “WOLF Content Control” came into operation, which specialises in filtering all illegal content typified by local authorities as child 723 pornography. 406 The list continues to be updated and published on a regular basis through the web page of the Ministry of Information 2017 2018 2019 and Communication Technologies.
* Number of URLs added to the list published by MINTIC during the year.
26 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
Court Order GEOGRAPHICAL OR TEMPORARY SUSPENSION OF THE SERVICE Legal framework Legal framework Law 1273 of 2009: Article 269F. Law 1341 of 2009, Art. 8. Cases of emergency, Law 1340 of 2009: Article 18. unrest, disaster and prevention.
Law 1450 of 2011: Article 56. Decree 2434 of 2015, Resolution CRC 4972 2016 - Obliges prioritization of calls between Resolution CRC 3502 of 2011. authorities to deal with emergencies. This prioritization involves terminating user calls Competent authorities that are not on the list of numbers.
The General prosecutor of the Nation and the Competent authorities Superintendence of Industry and Commerce within the investigations they are carrying out Priority will be given to the authorities request the Ministry of Information Technology in the transmission of free and timely and Communications to communicate to the ISPs communications for the purpose of the the URLs they must block. prevention of disasters, when these are considered essential. Nº URL Requests 5
0 0 0 0 0 2 2015 2016 2017 2018 2019
0 2017 2018 2019 Accesses Requests affected 0 rejected 0
27 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
Ecuador www.telefonica.com.ec
In Ecuador, Telefónica began its operations in Telefónica manages more than 4,393 millones 2004, with the acquisition of BellSouth’s mobile accesess in Telefonica Ecuador at operation in the country (which, at that time, December 2019. was the second largest operator in Ecuador, with 816,000 customers and a market share of 35%). Telefónica’s revenue in Ecuador stood at 484 4,393 million euros and the OIBDA was 193 million Total accesses The company operates in the 24 provinces of euros in 2019. the country and communicates to more than 5 Accesses at closing 2019 (data in thousands). million Ecuadorians with mobile services.
Accesses
0.0 4,393 Fixed telephony Mobile telephony
0.0 0.0 Broadband Pay TV
Accesses at closing 2019 (data in thousands).
28 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
LAWFUL INTERCEPTIONS ACCESS TO METADATA
Legal framework Requests Legal framework Requests
12,515 Integral Organic Criminal Code, Integral Organic Criminal Code. Section 499. 12,515 Articles 476-477.
Concession Contract signed between OTECEL Competent authorities
S.A. and the Ecuadorian State. (1) 1,086 856(1) 0(2) 0 Judges of Criminal Guarantees. 1,086 1,380 2015 2016 2017 2018 2019 856 491 Competent authorities (1) Due to a change in regulation now the prosecution 2015 2016 2017 2018 2019 responds directly to requests for intervention and data in Competent prosecutor within an criminal matters. Telefónica now only receives them in civil matters. investigation. Accesses Requests (2) The Ecuadorian State through the Attorney General’s affected 1,320 rejected 0 Office ordered that this type of process be carried out without the intervention of the operator from 2018 onwards. That is, the Prosecutor’s Office is the only entity authorized to perform this type of interception in real time.
Accesses Requests affected 0 rejected 0
29 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
BLOCKING AND FILTERING GEOGRAPHICAL OR TEMPORARY OF CERTAIN CONTENTS SUSPENSION OF THE SERVICE
Legal framework Legal framework
Integral Organic Criminal Code. Article 583. Constitution of Ecuador. Articles 164 and 165.
Organic Code of the Social Economy of Competent authorities Knowledge, Art. 563 and 565. Those that the President of the Republic Competent authorities delegates on its behalf, in accordance with the circumstances reflected by the Law. The Prosecutor can, in a well-founded man- ner, request authorisation from the Judge of Criminal Guarantees to proceed Requests SENADI (National Intellectual Rights Service may order precautionary measures). 0 0 0 0 0
2015 2016 2017 2018 2019 Requests
0 0 0 1* 0 Accesses Requests affected 0 rejected 0 2015 2016 2017 2018 2019
*For violating Copyright.
URLs Requests 0 affected 0 rejected
30 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
Germany www.telefonica.de
Telefónica has been in the country for almost technologies. In addition, the integrated commu- 16 years and operates under the commercial nications provider also offers DSL fixed network brand O2. telephony and high-speed Internet. Telefónica manage 48.2 million accesses in Germany. Telefonica Deutschland offers its private and 48,258 business customers post-paid and prepaid mobile Telefónica’s revenue in Germany reached € 7,399 Total accesses telecom products as well as innovative mobile million and OIBDA was 2,326 million euros. data services based on the GPRS, UMTS and LTE Accesses at closing 2019 (data in thousands).
Accesses
2,129 43,827 Fixed telephony Mobile telephony
2,302 0.0 Broadband Pay TV
Accesses at closing 2019 (data in thousands).
31 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
LAWFUL INTERCEPTIONS ACCESS TO METADATA
Legal framework Legal framework
Sec. 110 German Telecommunication Act Requests* Sec. 96, 113b German Telecommunication Act Requests (Telekommunikationsgesetz - TKG). (Telekommunikationsgesetz - TKG).
29,101 StPO. The German Code of Criminal Proce- Sec. 100g German Code of Criminal Procedure 62,246 64,421 dure. 23,183 22,313 22,501 23,529 (Strafprozessordnung - StPO). 53,675 51,716 54,188
Sec. 100a, 100b German Code of Criminal Police Acts of the federal states Procedure (Strafprozessordnung - StPO). (Landespolizeigesetze).
Article 10 Act (Artikel 10 Gesetz - G10). 2015 2016 2017 2018 2019 * Competent authorities 2015 2016 2017 2018 2019 * The total volume includes new, extended and cancelled Customs Investigation Services Law (ZFDG). interceptions. Law Enforcement Agencies (LEAs), e.g. Police Authorities (national and federal), Intelligence Accesses Requests Police Acts of the federal states Agencies and Customs Investigations Services affected 458,872 rejected 0 (Landespolizeigesetze). Accesses Requests (national and federal). affected 55,772 rejected 0 Competent authorities Measures corresponding to Sec. 100g German Code of Criminal Procedure (StPO) require a Law Enforcement Agencies (LEAs), e.g. Police prior court order. In case of exigent circum- Authorities (national and federal), Intelligence stances, the public prosecutor’s office can Agencies and Customs Investigations Services issue an order as well, which must be confir- (national and federal). med by the court within three working days in order not to become ineffective. Measures corresponding to Sec. 100a German Code of Criminal Procedure (StPO) require a prior court order. In case of exigent circum- stances, the public prosecutor’s office can is- sue an order as well, which must be confirmed by the court within three working days in order not to become ineffective.
32 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
BLOCKING AND FILTERING GEOGRAPHICAL OR TEMPORARY OF CERTAIN CONTENTS SUSPENSION OF THE SERVICE
Legal framework Legal framework
No existing legal basis in German legal/ regula- No existing legal basis in German legal/regula- tory framework or other sources which allows tory framework or other sources which allows content blocking and filtering. geographical or temporary suspension of services.
Competent authorities Competent authorities
Not applicable. Not applicable.
Requests Requests N/A N/A N/A N/A N/A
2015 2016 2017 2018 2019 N/A N/A N/A N/A N/A 2015 2016 2017 2018 2019
URLs Requests affected N/A rejected N/A Accesses Requests affected N/A rejected N/A
33 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
Mexico www.telefonica.com.mx
Telefónica Mexico has participated and competed Telefónica in Mexico manages more than 26.6 in the mobile telecommunications market million accesses in December 2019. since 2001 and promotes the development of telecommunications in the country. With regard to the financial figures, in 2019 Telefónica’s revenue in Mexico stood at 1,244 26,088.3 The commercial offers are available in million euros and the OIBDA was 147 million euros. Total accesses 231Customer Service Centers (CAC), 36 Movistar Stores as well as n 26 nationwide Smart Stores, Accesses at closing 2019 (data in thousands). 3 Movistar Experience Centers and more than 7 (1) thousand indirect points of sale throughout the Includes the impact of -239M euros (October-December 2019) as a result of the transformation of T. Mexico's country. operational model following the agreement reached with AT&T.
Accesses
0.0 26,088.3 Fixed telephony Mobile telephony
0.0 0.0 Broadband Pay TV
Accesses at closing 2019 (data in thousands).
34 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
LAWFUL INTERCEPTIONS ACCESS TO METADATA
Legal framework Requests Legal framework Requests
Political Constitution of the United States 707 Federal Law on Telecommunications and 9,330 8,387 8,659 Mexican, Article 16, Paragraph 12. Broadcasting, Article 190. 6,331 6,309
National Criminal Procedure Code, 417 National Criminal Procedure Code, Article 291. 380 366 Article 303. 283 Federal Law Against Organised Crime, Law on General Channels of Article 16. Communications, Article 122. 2015 2016 2017 2018 2019
Competent authorities 2015 2016 2017 2018 2019 Competent authorities Accesses Requests 18,331 149 The federal judicial authority determines The heads of the security and justice procurement affected rejected whether the request of the investigating Breakdown of Interceptions (2019) authorities shall designate the public servants authority concerning the intervention of responsible for managing the requests which are communications is appropriate, ordering the Registrations 368 made to the concession holders and receiving concession holder to establish the measure the corresponding information, by means of for a certain period of time. agreements published in the Official Gazette of the Federation. Extensions 10
Cancellations 329
Accesses Requests affected 460 rejected 2
35 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
BLOCKING AND FILTERING GEOGRAPHICAL OR TEMPORARY OF CERTAIN CONTENTS SUSPENSION OF THE SERVICE
Legal framework Legal framework
There are no laws in the regulatory framework There are no laws in the regulatory framework that allow blocking and filtering of certain that allow for geographical or temporary service contents. suspensions.
Competent authorities Competent authorities
Not applicable. Not applicable.
Requests Requests
N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
2015 2016 2017 2018 2019 2015 2016 2017 2018 2019
URL’s Requests Accesses Requests affected N/A rejected N/A affected N/A rejected N/A
36 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
Peru www.telefonica.com.pe
Telefónica began to operate in the Peruvian Regarding financial figures, Telefónica’s revenue in market in the middle of the 1990s. The company Peru stood at 2,102 million euros and the OIBDA managed more than 17.6 million accesses at the was 354 millon euros. end of third quarter 2019. 17,640.6 Total accesses
Accesses at closing 2019 (data in thousands).
Accesses
2,247 11,897.4 Fixed telephony Mobile telephony
1,991.5 1,505.0 Broadband Pay TV
Accesses at closing 2019 (data in thousands).
37 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
LAWFUL INTERCEPTIONS ACCESS TO METADATA
Legal framework Competent authorities Legal framework Competent authorities
Political Constitution of Peru, Art. 2, Judges (Judicial Authority). Political Constitution of Peru, Art. 2, The heads of the security and law enforcement paragraph 10. paragraph 10. agencies will designate the public servants Public Prosecutor’s Office of the Nation, responsible for managing the requests made Telecommunications Law (Supreme Criminal Prosecutors and Public Prosecutors, Telecommunications Law (Supreme to the operators and receive the corresponding Decree No. 013-93-TCC - Article 4) and its with the authorisation of the Judge. Decree No. 013-93-TCC - Article 4) and its information, by means of agreements published Regulations (Supreme Decree No. 0202007- Regulations (Supreme Decree No. 020- in the Federal Official Gazette. MTC - Article 13). 2007MTC - Article 13).
Law No. 27697: Law which grants power to Law No. 27697: Law which grants power to Requests
the public prosecutor for the intervention the public prosecutor for the intervention 141,005 and control of communications and private Requests* and control of communications and private documents, in exceptional cases. documents, in exceptional cases. 3,437 103,069
Legislative Decree No. 1182. 2,803 Legislative Decree No. 1182, which regulates 2,517 the use of telecommunications for the In all the concession contracts there identification, location and geolocation of is a clause related to the secrecy of 1,531 communication equipment, in the fight 44,359 telecommunications and the protection of 1,133 against crime and organized crime. 33,115 personal data which establishes that the 9,595 company will safeguard them and maintain In all the concession contracts there the confidentiality of the personal information 2015 2016 2017 2018 2019 is a clause related to the secrecy of 2015 2016 2017 2018 2019 related to their customers, unless there is a telecommunications and the protection of specific court order. *Includes registrations, extensions and cancellation of personal data which establishes that the interceptions. company will safeguard them and maintain the confidentiality of the personal information Accesses Requests affected 45,473 rejected 969 Accesses Requests related to their customers, unless there is a affected 4,257 rejected 298 specific court order.
38 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
BLOCKING AND FILTERING GEOGRAPHICAL OR TEMPORARY OF CERTAIN CONTENTS SUSPENSION OF THE SERVICE
Legal framework Requests Legal framework Requests
4* Copyright Law. Regulation of the Telecommunications Law 0 0 0 0 0 (S.D. No. 020-2007-MTC - Articles 18 and 19). 2015 2016 2017 2018 2019 Competent authorities 0 0 0 0 The concession contracts establish that, in the INDECOPI (National Institute for the Defense 2015 2016 2017 2018 2019 event of an emergency, crisis or a threat to Accesses Requests of Competition and Intellectual Property). national security, the concession holder will pro- affected 0 rejected 0 Strictly speaking, there has been no *Requerimientos de INDECOPI (medidas cautelares en casos vide the telecommunication services prioritising legislative change, there is no authority that por propiedad intelectual). actions to support the State and following the can block web content, except the Judicial instructions of the MTC. Authority. However, there is an exception URL’s Requests 0 0 in the case of INDECOPI. Under Article affected rejected Competent authorities 169 of the Copyright Law, the Copyright Commission of INDECOPI (National Ministry of Transport and Communications Institute for the Defense of Competition (MTC). and Intellectual Property) has the power to issue preventive or precautionary measures National and Civil Defence System. and to sanction ex officio, at the request of a party, infringements or violations to national copyright law, and related rights; being able to warn, seize, to confiscate, to order the temporary or definitive closure of the establishments where the offence is committed.
For INDECOPI, to the extent that through the websites would be performing acts that violate the right of public communication of the denouncing companies, the administration can order the blocking of access in Peruvian territory to the offending website, through blocking based on DNS and blocking based on URL.
39 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
Spain www.telefonica.es
Telefónica operates in Spain, mainly in the fixed Telefónica España handled more than 41.8 and mobile telephone sector, using broadband million accesses at the end of December 2019. as the key tool for developing both businesses, along with IT and services. Telefónica España Revenue from operations amounts to 12,767 is the biggest provider of telecommunication millones de euros and its OIBDA reached 3,687 41,837.7 services in Spain for access, including voice, data, million euros in 2019. Total accesses television and internet access. Additionally it is offering its clients the most innovative services Accesses at closing 2019 (data in thousands). and cutting edge technology to achieve its aim of becoming the first digital telco.
Accesses
9,024.1 18,916.9 Fixed telephony Mobile telephony
6,034.8 4,073.8 Broadband Pay TV
Accesses at closing 2019 (data in thousands).
40 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
LAWFUL INTERCEPTIONS Government, following a mandatory reasons of overriding urgency based on The Government, on an exceptional basis report from the National Commission for any of the following assumptions: and may agree to assume responsibility for Legal framework Markets and Competition, and also on the General State Administration of the direct an exceptional and transitory basis, may a) Where there is an immediate threat and management or intervention of networks and Spanish Constitution, Art. 18. grant the General State Administration serious for public order, security public or electronic communications services in certain direct management or intervention of the national security. exceptional cases that may affect public Law of criminal prosecution, Art. 588. corresponding services or operation of the order, the public safety and national security. corresponding networks. b) Where there is an immediate threat and Law 9/2014, General of Telecommunications serious for public health. (Art. 39 and 42). What is more, this law The agreements to take over the direct has been amended in accordance with the management of the service and the c) When the alleged infringing activity Requests provisions of Royal Decree Law 14/2019 intervention or those of intervening or may result in serious damage to the of 31 October, adopting urgent measures operating the networks referred to in the operation law enforcement public, civil and 44,375 for public security reasons in the field of preceding paragraphs shall be adopted by emergency protection. 37,101 34,595 34,252 34,984 e-government, public sector procurement the Government on its own initiative or and telecommunications Thus, there is a at the request of any competent public d) Where serious interference is made new wording to Articles 4(6) and 81(1). administration. In the latter case, it will be with others communication services or necessary that the public administration networks electronics. Article 4(6), "The Government may, has security clearance or for the provision exceptionally and temporarily, agree to the of the public services affected by the e) When it creates serious economic 2015 2016 2017 2018 2019 direct management or intervention by the abnormal functioning of the service or the problems or operational to other suppliers General State Administration of electronic network of electronic communications. or users of communications networks communications networks and services in In the event of that the procedure be or services or other users of the radio Breakdown of Interceptions (2019) certain exceptional cases which could affect initiated at the request of a different spectrum." public policy, public security and national administration from that of the State, the Registrations 12,944 security. In particular, this exceptional and latter shall be deemed to be interested transitional power of direct management or and may conduct a report with character Competent authorities intervention may affect any infrastructure, prior to final resolution." Extensions 15,700 associated resource or element or level of Judges of the Magistrates Courts. the network or service that is necessary Article 81(1), "Prior to the beginning of the to preserve or restore public policy, public sanctioning procedure, may be ordered Exceptional cases (emergencies, armed Cancellations 6,340 security and national security. by the competent body of the Ministry groups): the Minister of the Interior or the of Economy and Enterprise, by resolution Secretary of State for Security. In 24 hours Likewise, in the event of non-compliance without prior hearing, the cessation of the the judge shall ratify or revoke the request. with the public service obligations alleged infringing activity where there are Accesses Requests affected 14,215 rejected 5,374 referred to in Title III of this Law, the
41 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
ACCESS TO METADATA BLOCKING AND FILTERING OF CERTAIN CONTENTS Legal framework Requests Legal framework Requests Law 25/2007 on Data Conservation, Articles 81 1-10. 72,697 Royal Decree 1889/2011 of 30 December, 63,417 68 59,324* regulating the functioning of the Intellectual 58 General Law 9/14 on Telecommunications, Property Commission, Articles 22 and 23. 44,599 35 Articles 39-42. 40,795 Revised Text of the Intellectual Property Law, 18 approved by Royal Legislative Decree Law Competent authorities 1/1996 of 12 April, Article 138. 2015 2016 2017 2018 2019
Courts Judicial. Law 34/2002 of 11 July on services of 2015 2016 2017 2018 2019 the information society and electronic Copyright Police and Public Prosecutor’s Office (Organic * In 2017, a new system of sending judicial orders by the commerce, Article 8. Nº Law 13/2015 amending the Criminal Procedure State Security Forces and Corps was implemented, in which 29 Nº of URL’s 770 each request for data gives rise to an individual request. solitudes affected Code). With the previous system, which is still in place for most of Competent authorities these agents, a single warrant could result in multiple data Crimes requests, even if it was counted as one. National Markets and Competition Nº 24 Nº of URL’s 131 Commission. solitudes affected
Mercantile/Civil/AccountingAdministrative/ Accesses Not Requests Medications affected available* rejected 12,397 Criminal Courts. Nº 2 Nº of URL’s 2 solitudes affected * The nature of certain requests (in a request there may be requests to an indeterminate number of users) and National Intellectual Property Commission. the configuration of the communication tools with the Illegal gambling authorities do not allow to provide this data.. General Gambling Directorate. Nº 3 Nº of URL’s 1,385 solitudes affected Agency for Medicine/Doping/Health/Sport.
URL’s Requests affected 2,288* rejected 0
*Includes URLs and IP addresses
42 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
GEOGRAPHICAL OR TEMPORARY SUSPENSION OF THE SERVICE
Legal framework Requests
There are no laws in the regulatory framework N/A N/A N/A N/A N/A that allow for geographical or temporary service 2015 2016 2017 2018 2019 suspensions.
Competent authorities Accesses Requests affected N/A rejected N/A Not applicable.
43 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
United Kingdom www.telefonica.com/en
Telefónica started operating in the United Kingdom The company managed more than 34.8 million in 2006, after acquiring O2, which became the accesses at the end of 2019 in the UK. commercial brand of Telefónica UK Limited. With regard to the financial figures, in 2019 O2 runs 2G, 3G and 4G networks across the UK, as Telefónica’s reveneu in UK stood at €7,109 million 34,860.2 well as operating O2 Wifi, with over 6 million clients, and OIBDA amounts up to €2,144 million. Total accesses and owning half of Tesco Mobile. O2 has over 450 retail stores. Accesses at closing 2019 (data in thousands).
Accesses
313.3 25,803.3 Fixed telephony Mobile telephony
28.9 0.0 Broadband Pay TV
Accesses at closing 2019 (data in thousands).
44 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
LAWFUL INTERCEPTIONS
Legal framework Competent authorities
Lawful intercept is governed by the Under the IPA, the Secretary of State for a The Chief of Defense Intelligence; and Requests* Investigatory Powers Act 2016 (IPA). The relevant Government department can issue Investigatory Powers Commissioner (IPC) an intercept warrant where he/she believes A person who is the competent authority N/D N/D N/D N/D N/D and the Investigatory Powers Commission’s it is necessary in the interests of national of a country or territory outside the United 2015 2016 2017 2018 2019 Office (IPCO) are now fully established. IPCO security, for the purpose of preventing or Kingdom for the purposes of an EU mutual *Section 57 of the IPA prohibits the disclosure of the existence of is overseeing implementation and compliance detecting serious crime or for the purpose of assistance instrument or an international any lawful intercept warrant save for in excepted circumstances with the lawful intercept requests made safeguarding the economic well-being of the mutual assistance agreement. as per section 58 of the IPA. pursuant to the IPA. United Kingdom. IPCO produces a yearly report on the acquisition and disclosure In order to get a warrant for lawful of communications data by intelligence agencies, police forces and other public authorities. This gives details of the overall There are eight authorized agencies in the interception, the requesting authority numbers but not by company. Please see: https://www.ipco. United Kingdom who may request a warrant to must make an application to the relevant org.uk/docs/IPCO%20Annual%20Report%202017%20 be issued by the Secretary of State. They are: Secretary of State. The Secretary of State Web%20Accessible%20Version%2020190321.pdf must consider, in deciding whether to issue A person who is the head of an intelligence the warrant, whether (amongst other things), service; there are established grounds to justify the Accesses Requests issue of the warrant (see above) and whether affected N/D rejected N/D The Director General of the National Crime the interception authorised by the warrant Agency; is proportionate to what is sought to be achieved by that interception. The Commissioner of Police of the Metropolis; As of November 2018 all requests for lawful intercept have been pursuant to the IPA and The Chief Constable of the Police Service of must be authorised by the Secretary of State Northern Ireland; (or their deputy) in the form of a warrant and a judge. The judge will consider the The chief constable of the Police Service of same factors as the Secretary of State (i.e. Scotland; whether there are grounds for the issuing of the warrant and whether the conduct is The Commissioners for Her Majesty’s proportionate to the objective). Revenue and Customs;
45 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
ACCESS TO METADATA IPA regime BLOCKING AND FILTERING binding but yet still complied with by the mobile Under S.61 of the IPA an authorisation to OF CERTAIN CONTENTS operators. Legal framework release data may be made by a designated senior officer in a relevant public authority. Legal framework The code of practice can be viewed here: http:// The provisions for disclosure of Similarly to RIPA, under the IPA the persons www.mobilebroadbandgroup.com/documents/ communications data under RIPA and the ISA, that may authorise release of data are Section 97A of the Copyright Designs and mbg_content_code_v2_100609.pdf and the Counter Terrorism and Security Act typically senior police officers or other senior Patents Act (1988). 2015 (CTSA) were superseded by the IPA in officials in relevant security services. These TUK also seeks to block access to sites which February 2019. officials will, save for in urgent situations, S.37 (1) Supreme Courts Act 1981. are linked to “phishing” and “smishing” i.e. the be required to obtain pre-authorisation fraudulent practice of sending emails and text The provision for communications data from the Office of Communications Article 11 of the IP Enforcement Directive. messages purporting to be from reputable retention, previously retained under the Data Data Authorisations, which will make an companies in order to induce individuals to Retention Investigatory Powers Act 2014 independent decision on whether to grant or The only content filtering the UK government reveal personal information, such as passwords (DRIPA 2014), is now made under section 87 refuse communications data requests. require from UK broadband and mobile opera- and credit card numbers in accordance with its of the IPA. tors is use of the Internet Watch Foundation legal rights. (IWF) blocking list for illegal child abuse sites. Competent authorities This is part of an agreement between the CSPs Requests* and the law enforcement community to prevent Competent authorities RIPA regime child exploitation. This is a voluntary code of Under S.22 (4) of RIPA a notice may be issued N/D N/D N/D N/D N/D practice and not a legal requirement. In 2004, Internet Watch Foundation.
by a person holding a prescribed office, rank 2015 2016 2017 2018 2019 Telefónica UK was a founder signatory to the or position within a relevant public authority UK mobile operators’ child protection code of Courts. *Section 82 of IPA makes it a criminal offence to disclose details designated with the power to acquire of requests made for communications data. practice for the self-regulation of new forms communications data by order under S.25 of content on mobiles. This Code also explains As stated previously IPCO produce a yearly report, which gives Requests* (2) and under the Regulation of Investigatory the total industry number. Individual company numbers are that we will voluntarily block access to 18-rated Powers (Communications Data) Order 2010 not disclosed. content unless a customer has confirmed they N/D N/D N/D N/D N/D (SI 2010/480). The persons that can issue are over 18. This is legal content. e.g. legal adult a notice are typically senior police offices sites (unlike IWF sites which are child abuse 2015 2016 2017 2018 2019 or other senior officials in relevant security Accesses Requests sites). *Only IWF, no stats available. services. affected N/D rejected N/D The existence of this code of practice and Under S.22 (3) of RIPA persons within a public compliance with it by UK mobile operators is URL’s Requests affected N/D rejected N/D authority may be given an authorisation to unusual. It is unusual in that it is not something directly obtain the communications data in (to our knowledge) that is replicated in other question in certain circumstances. countries and also it is unusual in that it is not
46 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
GEOGRAPHICAL OR TEMPORARY SUSPENSION OF THE SERVICE
Legal framework Competent authorities
Telefónica UK has obligations to be able to The relevant Police commander will use an provide service limitations in network overload agreed protocol. situations – e.g. major disaster, etc– to provide priority service to emergency responders. The Suspension of services are negotiated Mobile Telecommunications Privileged Access between the emergency authorities and Scheme (MTPAS) was created under the Civil the CSP and Telefónica UK can resist if we Contingencies Act 2004 (CCA). Eligibility is feel the action would not impact network restricted to organisations that have a part loading. to play in responding to, or recovering from, an emergency as defined in the CCA . At the onset of an emergency response, the relevant Requests* Police commander will use an agreed protocol to notify all mobile network operators that 0 0 0 0 0 a major incident has been declared and 2015 2016 2017 2018 2019 request that call traffic levels are monitored. If networks become congested, the network operators are asked to consider invoking Accesses Requests MTPAS to give emergency responders a much affected 0 rejected 0 higher likelihood of being able to make a call than other customers.
47 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
Uruguay www.movistar.com.uy
Telefónica has been present in Uruguay since In 2019, Telefónica’s revenue in Uruguay reached 2005. Besides digital solutions it mainly offers 219 million euros and the OIBDA was 83 million mobile telephony to its customers. euros. 1,676.1 Total accesses
Accesses at closing 2019 (data in thousands).
Accesses
0.0 1,676.1 Fixed telephony Mobile telephony
0.0 0.0 Broadband Pay TV
Accesses at closing 2019 (data in thousands).
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LAWFUL INTERCEPTIONS ACCESS TO METADATA
Legal framework Requests Legal framework Requests*
Constitution of the Republic, Article 28 2,325 Constitution of the Republic, Article 28 4,588 4,269 3,612 Law 18,494, Article 5. 1,600 Law 18,494, Article 5.
1,185 1,198 Reserved decree of 13 March 2014. 848 Reserved decree of 13 March 2014. 1,084 850
Competent authorities Competent authorities 2015 2016 2017 2018 2019 2015 2016 2017 2018 2019 Criminal judges in charge of an Judges, by means of a written and * The increase in comparison to 2016 is due to the fact that investigation, at the request of the Public wellfounded request. from 2017 onwards a tool has been used that allows the Prosecutor’s Office and through the accounting of every access affected. Until then, the same request could contain more than one affected access. As UNATEC (body of the Ministry of the Interior Breakdown of Interceptions (2019) of 2017, each request corresponds to one affected access. responsible for centralizing such requests). Therefore, the increase in 2017 is due to the change in the accounting criteria. Registrations 867
Accesses Requests Extensions 489 affected 4,588 rejected 36
Cancellations 244
Accesses Requests affected 867 rejected 22
49 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
BLOCKING AND FILTERING GEOGRAPHICAL OR TEMPORARY OF CERTAIN CONTENTS SUSPENSION OF THE SERVICE
Legal framework Legal framework
Law 19.535 of 25 September 2017, Articles Law 19,355, Article 166: enables the Ministry of the 244 y 245. Interior to block the entry of calls from telephone services to the 911 Emergency Service when there Decree 366/2017 of 21 December 2017 are duly documented records accrediting the irre- developed according on Art.244 and 245 of gular use of such communications on a repeated law 19.535. basis (more than 3 communications in the month or 6 in the year).
Competent authorities Competent authorities The Executive is empowered to take the necessary preventive and punitive measures Ministry of the Interior (Executive Power). to prevent the proliferation of Internet gaming marketing activities, in particular the blocking of access to websites. Requests*
3,235 Requests 2,766 6 5*
403 N/A N/A 0 10 11 2015 2016 2017 2018 2019 2015 2016 2017 2018 2019
*Games and sports betting online. *Temporary suspension for a period of 3 to 6 months.
URL’s Requests Accesses Requests affected 19 rejected 3 affected 1,422 rejected 0
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Venezuela www.telefonica.com.ve
The Telefónica Group has operated mobile In 2019, Telefónica’s income in Venezuela telephony services in Venezuela since 2005. was 79 million euros and the OIBDA stood The company has a comprehensive range of at 19 million euros. services in Venezuela, with leading products in mobile internet, digital television and mobile 9,474 and landline telephony. Total accesses
Accesses at closing 2019 (data in thousands).
Accesses
344 8,818 Fixed telephony Mobile telephony
6 306 Broadband Pay TV
Accesses at closing 2019 (data in thousands).
51 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
LAWFUL INTERCEPTIONS ACCESS TO METADATA
Legal framework Requests* Legal framework Requests*
Organic Criminal Procedure Code, Art. 205 Administrative Ruling No. 171. Rules 121,610 115,988 and 206. Concerning the Collection or Capture of 98,746 639,911 651,446 Personal Data from Applicants for Mobile Decree with Rank, Value and Force of the Or- and Fixed Telephony Services via Wireless 380,250 46,612 ganic Law of the Police Investigation Service, 339,646 Networks or Non-Geographic Number with 32,646 the Scientific, Penal and Criminal Investi- 234,932 Nomadic Voice Service. gations Corps and the National Service of Medicine and Forensic Science, Article 42. Law against Kidnapping and Extortion, 2015 2016 2017 2018 2019
2015 2016 2017 2018 2019 Article 29.
Competent authorities Accesses Requests *There are no requests for extensions and cancellations affected 1,013,531 rejected 916 because the only interventions that are made are only for Competent authorities The Public Prosecutor’s Office, through its location and subscriber data in real time. prosecutors. The Public Prosecutor’s Office.
Accesses Requests The Scientific Research Agency Criminal affected 1,212,732 rejected 6,617 The Scientific Research Agency Criminal and and investigations (CICPC). investigations (CICPC).
The Bolivarian National Intelligence Service The components of the Bolivarian National (upon the request of the Public Prosecutor Armed Forces, within the limits of their com- and the authorisation of the corresponding petence. judge). The police intelligence authorities. The police corps duly empowered to exercise powers in criminal investigations. The National Police Corps, within the limits of its auxiliary criminal investigation duties. National Experimental University of Security; other special criminal investigation Any other auxiliary criminal investigation organs and bodies. body whose intervention is required by the Public Prosecutor’s Office.
52 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
BLOCKING AND FILTERING GEOGRAPHICAL OR TEMPORARY OF CERTAIN CONTENTS SUSPENSION OF THE SERVICE
Legal framework Legal framework
Organic Law on Telecommunications, Organic Law on Telecommunications, Article 5. Article 5.
Law on Social Responsibility in Radio, Competent authorities Television and Electronic Media, Article 27. Ministry of Transport and Communications (MTC). Competent authorities National and Civil Defence System. National Telecommunications Commission (CONATEL).
Requests Requests
1,050 960 0 0 0 0 0 2015 2016 2017 2018 2019
Accesses Requests 90 106 27 affected 0 rejected 0
2015 2016 2017 2018 2019
URL’s Requests affected 27 rejected 0
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Glossary
CONCEPT EXPLANATION CONCEPT EXPLANATION
Competent Judges and courts, state security forces and bodies and other adminis- IMEI These are the initials which stand for International Mobile Station Equi- Authority trations or governmental bodies that are empowered by the law to make pment Identity. It has a serial number which physically identifies the requests relevant to this report. The Competent Authorities may vary terminal. The IMEI enables the operator to identify valid terminals which, according to the type of request and the applicable legislation in each of therefore, can connect to the Network. the countries. IMSI These are the initials which stand for International Mobile Subscriber Identi- Personal Data Personal data means any information which refers to an identified or iden- ty. It is the identifier of the line or service. This number is used to route calls tifiable person, such as his or her name and address, the recipients of his or and to obtain the country or network to which it belongs. her communications, the location, the content of the communications, the traffic data (days, time, recipients of the communications, etc.). IOCCO These are the initials which stand for Interception of Communications Commissioner’s Office in the UK. It is responsible for keeping under review Location Data The location data may refer to the latitude, longitude and altitude of the the interception of communications and the acquisition and circulation user’s terminal equipment, the direction of travel, the level of accuracy of of communications data by intelligence agencies, police forces and other the location information, the identification of the network cell in which the public authorities. It submits biannual reports to the Prime Minister regar- terminal equipment is located at a certain moment or the time at which the ding the execution of the functions of the Communications Interception location information has been recorded. Commissioner.
Traffic Data Any data processed for the purposes of conducting communication MAJOR EVENTS We consider “major events” to be certain situations of force majeure which through an electronic communications network or for invoicing purposes. may lead to the following actions: 1. Service restriction or denial. (including SMS, voice, email, voicemail, internet and other services) entailing limitation of freedom of expression. DPI These are the initials which stand for Deep Packet Inspection. DPI identi- Examples: fies situations involving noncompliance with technical protocols, viruses, > Restricting or denying services on a national scale. spam or invasions, but it can also use pre- defined criteria different from > Restriction or denial of access to a website/ websites for political reasons those annotated to decide whether a packet can pass through or whether (such as Facebook pages, news websites (e.g. bbc. co.uk), the opposition it needs to be routed to a different destination or given another priority party’s websites prior to elections, human rights groups’ websites, etc.). or bandwidth allocation, to collect information for statistical purposes or simply to eliminate it.
54 INTRODUCTION AND SCOPE OF OUR OUR DUE POLICIES AND REPORT BY 2020 REPORT ON TRANSPARENCY IN COMMUNICATIONS THE REPORT GOVERNANCE DILLIGENCE PROCESSES INDICATORS COUNTRY GLOSSARY
CONCEPT EXPLANATION CONCEPT EXPLANATION
MAJOR EVENTS > Specific shutdown of any kind of telecommunications services, resulting Request A Petition is a requirement related to the provision of a service, in the exer- (cont.) from political causes. (e.g. concerning a small number of cells). cise of the duty of cooperation with the Competent Authorities. A Petition > Denying certain clients access to specific services or networks in order to may contain one or more individualized requests, called Requests. limit said individuals’ legitimate freedom of expression. 2. Network shutdow Not applicableccess control. Examples: Types of Requests: > Total shutdown of a national network. > Lawful interception of communications Metadata associated with communications > Access control involving a specific area or region, motivated by political > reasons. > Content blocking and restriction > Suspension of service 3. Legally unfounded interceptions. Situations in which the authorities intercept communications without any SUTEL The SUTEL is a maximum deconcentration body in Costa Rica, attached to legal grounds for reasons of force majeure. Aresep, the Public Services Regulatory Authority, created by virtue of Law 4. Communications imposed by the authorities. Examples: 8,660, published on 13 August 2008. SUTEL is responsible for applying the > Sending politically motivated messages/communications to our custo- regulation to the telecommunications sector and ensuring efficiency, equa- mers on behalf of governments or government agencies. lity, continuity, quality, greater and better coverage and information, as well 5. Substantial operational changes. Examples: as better alternatives for the provision of telecommunications services. > Substantial operational or technical changes or change proposals concer- ning surveillance services (such as data access, retention or interception) TELCOR TELCOR, the Nicaraguan Institute for Telecommunications and Postal Ser- aimed at reducing the operator’s control in terms of supervising such vices, is the Regulatory Body of Telecommunications and Postal Services, activities. (e.g. procedural changes allowing direct access on the part of a a state institution whose functions include the regulation, standardizing, governmental agency/ government). technical planning, supervision, application and control of the fulfilment of the Laws and Regulations which govern the installation, interconnection, > A procedural change to establish widespread surveillance. operation and provision of Telecommunications and Postal Services. 6. Substantial legal changes. Substantial changes (or change proposals) involving laws providing governmental authorities with more power to impo- URL These are the initials which stand for a Uniform Resource Locator, which is se requests on operators. Example: used to name internet resources. This denomination has a standard format > Changes in the communication interception laws. and its purpose is to assign a single address to each of the resources availa- ble on the Internet, such as pages, images, videos, etc. PSI The PSI or Portal de Servicio Interno (Internal Service Portal) is an inquiry application, allowing members of the Colombian National Police, as internal clients of the organization, to find all the information on internal procedures on a website with high levels of security.
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