Law Enforcement Disclosure Report Millicom Law Enforcement Disclosure Report 2017 Millicom Law Enforcement Disclosure Report 2017 1. Introduction 02 2. Reporting at Millicom 04 What’s inside 3. Our internal policies, guidelines, and governance 06 4. Our engagement 08 this report... 5. South America: 10 a. Overview b. Legal frameworks c. Requests from law enforcement in 2017 6. Central America: 12 a. Overview b. Legal frameworks c. Requests from law enforcement in 2017 7. Africa: 14 a. Overview b. Legal frameworks c. Requests from law enforcement in 2017 8. Case Study 16 9. Major Events in 2017 17 a. Shutdowns b. Proposals for significant changes in operational procedures or local laws c. Other events 10. Trends and priorities for 2018 21 Millicom Law Enforcement Disclosure Report 2017 1 1. Introduction This is Millicom’s third Law Enforcement Disclosure (LED) report, covering the year 2017. It serves to provide information about the extent and context of our interaction with law enforcement agencies and governments relating to issues that affect the privacy or freedom of expression of our customers in Latin America and Africa. Since the advent of WikiLeaks and the Edward In March 2017 Millicom, together with six other Snowden information leaks, there has been telecommunications companies, announced its ever increasing scrutiny in the public domain on membership of the Global Network Initiative the topics of privacy and freedom of expression (GNI). This organization, which now has over in the digital age. Indeed, ongoing dialogue 50 members, brings together technology with our stakeholders informs us that these companies, ethical investors, academics and topics are among the most material corporate human rights organizations to work jointly on responsibility issues for stakeholders. However, solutions to complex situations in which telecommunications network providers are people’s fundamental rights for privacy and often caught in between the laws that are free expression come into conflict with designed to protect citizens from the threat of government measures to protect national terrorism and other crime, and those that are security. Building on the public commitment designed to protect the rights to privacy and made by Millicom in 2013, as a founding freedom of expression. member of the Telecommunications Industry Dialogue, to use any leverage we may have to As technology rapidly evolves, Millicom and minimize human rights implications of the other telecommunications network providers demands we receive from governments, joining are part of a major shift in traffic from the GNI was a natural ‘next step’ for Millicom. traditional voice and SMS services to new-age We have made considerable progress over the data services, in line with the demands of a past few years engaging with stakeholders hyper-connected world. At the same time, around these complex issues and putting in legislators and law enforcement agencies are place policies and processes that help us struggling to keep pace with how to adapt to minimize negative impacts to freedom of the implications that this shift in expression and privacy. By becoming a member communications traffic is having on traditional of the GNI, Millicom now has a platform on and established methods and practices for which to build further leverage by virtue of new requests for information related to criminal relationships with other organizations which investigations. This fast changing landscape approach these issues from different means that the need for multi-stakeholder perspectives but share the same ultimate goal. engagement on such issues is greater than It is our firm belief that positive outcomes for ever before. human rights will only come from collaboration based on appreciation of the full spectrum of considerations and realities – something that can only be achieved when all concerned stakeholder groups, including governments, come together. 2 Millicom Law Enforcement Disclosure Report 2017 At Millicom, our customers’ trust in us to All of these aforementioned considerations At Millicom, our respect their privacy and freedom of impact the way in which we respond to expression is of paramount importance for our demands from law enforcement agencies, customers’ trust in us to business. At the same time, we recognize that and are fundamental aspects to consider respect their privacy and our respect for our customers’ human rights in the discussion around our company’s must go hand-in-hand with our duty to responsibility to protect freedom of expression freedom of expression is comply with local laws in the countries where and privacy. of paramount importance we operate. These laws require us to disclose information about our customers to law for our business. At the enforcement agencies and other government same time, we recognize authorities in connection with their legitimate Luxembourg, February 2018 duty to protect national security and public that our respect for our Rachel Samrén safety, or to prevent or investigate crime or Executive Vice President customers’ human rights terrorism. Whenever we face a legal Chief External Affairs Officer must go hand-in-hand government request for customer information, we seek to minimize the impact of that Salvador Escalón with our duty to comply request on our customers’ right to privacy and Executive Vice President with local laws in the freedom of expression. Moreover, when any General Counsel conflict between local law and the Universal countries where we operate. Declaration of Human Rights and other international human rights standards arise, we strive to resolve that conflict in a manner which respects the right to privacy and freedom of expression, as well as the fundamental right to access the internet and/ or communications services. In this report, we aim to demonstrate our ongoing commitment and progress, how our operations impact human rights, and how we can work independently and with others to minimize potential negative impacts. When we make decisions about government demands on our local operations, we consider not only the human rights of our customers, but also our legal obligations, any other potential impacts on the communities where we operate, any potential adverse consequences to the safety of our thousands of employees and partners who work with us to provide services in our markets, and any potential impacts to our operating licenses or the physical assets on the ground – radio towers and transmitters, cables, shops and offices. Millicom and its customers rely on these assets to receive uninterrupted access to communications and Internet services in the first place. Millicom Law Enforcement Disclosure Report 2017 3 2. Reporting at Millicom Millicom is a leading provider of cable and We hope that the third edition of this report It is also often difficult for us to discuss publicly mobile services dedicated to emerging will build on and contribute to existing how we engage with law enforcement or other markets. We operate under the Tigo brand constructive work between different authorities when we receive requests or the in eight countries across Latin America and stakeholder groups to better protect freedom ways we may try to challenge their approach. three in Africa. We set the pace when it comes of expression and privacy of individuals. Doing so would most certainly affect our to providing high-speed broadband and ability to engage in the future, and could even What we are reporting innovative services under our trademark in some cases put personnel at risk. This is a In this report we disclose the type, and The Digital Lifestyle to more than 50 million source of frustration at times, as it may lead to amount of law enforcement requests we customers. Our purpose is to build the digital incorrect perceptions of inaction on our part. receive and, more importantly in our opinion, highways that connect people, improve lives This is also why, for the most part, we describe we describe the overall context and trends in and develop our communities. Our mission is our engagement in more broad terms in this the demands we receive. Context is important to provide the fastest, most secure digital report rather than in relation to specific events. in specific and more significant cases – what highway so we become the first choice for we call ‘major events’2 – as it highlights some We are not disclosing the numbers of customers in all our markets. very practical challenges we encounter in our government requests by country as some of Millicom’s two key motivations for publishing interactions with law enforcement authorities. our peers have done. The reasons for this are its LED report for 2017 remain the same as multiple. Disclosure in certain countries is In this report, we also describe several major those which existed when we published our first legally forbidden. Only in Tanzania does the events we have faced during the year. LED report: (1) to respond to stakeholders who law explicitly state we are allowed to publish Whenever possible we disclose the countries have asked us to be more transparent about aggregate numbers of requests we receive. In in which they took place. how we deal with government requests, and (2) the remaining countries, the law is either not to advance the understanding of the contexts We also disclose information about our clear as to whether we are allowed to publish in which telecommunications companies internal policies, processes and controls which the numbers of requests we receive, or it receive demands from governments and the we have in place to protect our customers’ explicitly prohibits publication. considerations influencing decisions in relation privacy when we handle law enforcement We have conducted considerable internal risk to these situations. requests, and how we seek to minimize effects analysis and debate about publishing on our customers’ freedom of expression and As an operator focused solely on emerging country-specific numbers. We operate in some privacy in major events.