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Law Enforcement Disclosure Report Legal Annexe June 2014

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Law Enforcement Disclosure Report Legal Annexe June 2014 Law Enforcement Disclosure Report Legal Annexe June 2014 Vodafone Power to you Contents Law Enforcement Disclosure Report Legal Annexe Contents 3 Introduction A-E 5Albania Albania 8 Australia 12 Belgium 16Albania Czech Republic 19 DR Congo 21 Egypt F-J 24Albania Fiji 26 France 28 Germany 34Albania Ghana 36 Greece 38 Hungary 40Albania India 43 Ireland 47 Italy K-O 51Albania Kenya 54 Lesotho 56 Malta 59Albania Mozambique 60 The Netherlands 62 New Zealand P-S 68Albania Portugal 70 Qatar 71 Romania 74Albania South Africa 76 Spain T-Z Albania80 Tanzania 83 Turkey 86 UK 2 Vodafone I Law enforcement disclosure: legal annexe Introduction Vodafone Law Enforcement Disclosure report Country-by-country legal annexe TRANSPARENCY AND THE LAW In this annexe, we focus on the three categories of legal power which account for the vast majority of all government This annexe to Vodafone’s Law Enforcement Disclosure report agency and authority demands we receive and which are seeks to highlight some of the most important legal powers also of greatest interest in the context of the current public available to government agencies and authorities seeking to debate about government surveillance. Those categories access customer communications across the 29 countries of are: lawful interception; access to communications data; operation covered in this report. and national security or emergency powers. An explanation Whilst the legal powers summarised here form part of local of each of these three categories can be found earlier in legislation in each of those countries and can therefore be the report. Legal powers under those three categories are accessed by the public, in practice very few people are aware specifically relevant to our local licensed communications of these powers or understand the extent to which they enable operator businesses and can usually be found in agencies and authorities to compel operators to provide telecommunications statutes or in the conditions of the assistance of this nature. licence issued by governments to operators. Creation of this annexe Our contribution to the debate This annexe has been compiled by our legal counsel in We would emphasise that individual countries’ legislation each of our 29 countries of operation with support from the will not always fall neatly under one of these three international law firm, Hogan Lovells* and their network of categories and this annexe therefore should not be read as local law firms. It contains advice on the meaning of some a comprehensive guide to all potentially relevant aspects of the most important laws that empower government of the law in any particular country. However, in seeking to agencies and authorities to demand access to customer adopt a consistent approach across 29 countries, we hope communications. We have outlined some of the most common that this section of the report will serve as a useful framework types of legal powers used to demand assistance from local for further analysis in future. licensed operators earlier in our Law Enforcement Disclosure As part of our commitment to ensuring this important debate report. However, we have not covered other areas, such as the is fully informed, we are making this annexe available under a many and varied ‘search and seizure’ powers, powers to block Creative Commons license and by doing so hope others will or take down content or the restriction of access to services. re-use and build upon this material to aid greater transparency Compiling this annexe has proven to be a complex task. in this area. Vodafone counsel and the external law firms supporting us in this work have had a number of intense debates about the meaning and interpretation of some of the laws which govern disclosure of aggregated demand statistics. Laws are frequently vague or unclear and there is commonly a lack of judicial guidance in interpreting the law. Precise interpretation is difficult, exacerbated further (as we highlight earlier in this report) by significant uncertainty on the part of some governments themselves, when we have sought guidance. *Vodafone are grateful to Hogan Lovells for its assistance in collating the legal advice underpinning the law enforcement disclosure report and this the country-by-country legal annexe. However, in doing so, Hogan Lovells has acted solely as legal adviser to Vodafone. This report may not be relied upon as legal Copyright licence advice by any other person, and neither Vodafone nor Hogan Lovells accept any responsibility or liability (whether arising in tort (including negligence), contract This legal annex is published under Creative Commons license or otherwise) to any other person in relation to this report or its contents or any reliance which any other person may place upon it. CC BY-SA 4.0 (2014) by Vodafone Group Plc 3 Vodafone I Law enforcement disclosure: legal annexe Countries A-E F-J K-O P-S T-Z Countries A-E 5Albania Albania 8 Australia 12 Belgium 16Albania Czech Republic 19 DR Congo 21 Egypt 4 Vodafone I Law enforcement disclosure: legal annexe Countries A-E F-J K-O P-S T-Z Albania In this report we provide an overview of some of the to maintain the intercept capability. In cases of changes in legal powers under the law of Albania that government the Central Interception Point which requires changes in the agencies have to order Vodafone’s assistance with infrastructure of the operators of electronic communications conducting real-time interception and the disclosure of systems, the operators are notified of such changes at least data about Vodafone’s customers. 180 days before such change takes place. Under Article 22 of the Interception Law, the operators of 1. PROVISION OF REAL-TIME electronic communications shall be provided with a copy of LAWFUL INTERCEPTION the decision of the Attorney General or any of his authorised persons deciding on the interception, with restricted content ASSISTANCE removed that might impair the intelligence/interception The Interception Law process. Such decision shall include timeframes allowing Article 22 of the Law No. 9157, dated 4.12.2003 “On operators of electronic communications to identify numbers, interception of electronic communications”, as amended addresses and other relevant data that need to be identified for (the “Interception Law”) provides that when the Albanian the interception. When necessary, the decision is accompanied Intelligence Agency or the relevant Ministry cannot implement with an additional document specifying other technical details. an interception using only their own resources, the Director Note that the results of interceptions acquired according to the of the Albanian Intelligence Agency or the relevant Minister Interception Law cannot be presented as evidence in criminal may request the assistance of any operator of electronic proceedings, except for data obtained in accordance with communications in the Republic of Albania, and the operators articles 221-226 of the Criminal Procedure Code. are bound to undertake all necessary steps in relation such Criminal Procedure Code interception. Under Article 222 of the Criminal Procedure Code, upon the Under Article 6 of the Interception Law, the relevant prosecutor’s written application or that of the aggrieved party, organisations that have the right to require interception the Court through a Decision may authorise the interception are: the Albanian Intelligence Agency, the intelligence of communications. The interception is authorised when it is department/policy of the Ministry of Interior, Ministry of essential to the continuation of the initiated investigation or Finance and Ministry of Justice or any other intelligence/police when there is sufficient evidence to support the charges. service established by law. According to Article 7 - 9 of the The relevant authorities (i.e. Attorney General, relevant Interception Law, such request is made to the Attorney General Ministries, Albanian Intelligence Agency etc.) have the or in his absence to any other prosecutor duly authorised capability to intercept electronic communication without by the Attorney General who will decide on the approval or the knowledge or approval of operators of electronic rejection of the request for interception. communications. Under Article 21 of the Interception Law, operators of electronic communications, i.e. Vodafone, shall provide 2. DISCLOSURE OF at their own expense the necessary technological COMMUNICATIONS DATA infrastructure, within 180 days from the issue of the request by the agencies that manage interception systems. The Electronic Communication Law infrastructure for providing interception capacity shall be Operators of electronic communications have the duty compatible with the equipment of the Central Interception to disclose to the competent organisations relevant Point (which is the technical equipment managed by the communications data of their network users pursuant to the office of the Attorney General that allows or prevents legal request of relevant public organisations made as per interception of electronic communications) and the the procedure in accordance with the Law no. 9918, dated Interception Sector in the Albanian Intelligence Agency. If 19.05.2008 “On electronic communications in the Republic the operators of electronic communications undertake any of Albania” (“Electronic Communication Law”), Criminal technological change or extension in their system’s capacity, Procedure Code or the Interception Law, as the case may be. they shall cover at their own expense any changes required 5 Vodafone I Law enforcement disclosure: legal annexe Countries A-E F-J K-O P-S T-Z Albania Article 101(6) of the Electronic Communication Law provides Data Protection Law that the relevant authorities shall be provided with any files In addition, Article 6(2) of the Law no. 9887, dated 10.08.2008 stored in relation to their users and such files shall be made “On Protection of Personal Data” as amended (“Data available, in electronic format as well, without any delays to Protection Law”) provides that the processing (including such authorities as prescribed in the Code of Penal Procedure, transferring) of personal data in the context of prevention and/ upon their request.
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