Vodacom's parent company Vodafone has released what it calls a "law enforcement disclosure report", revealing how common government spying via cellphone calls and data interception has become.
The UK-based operator, with operations in 28 countries apart from SA, says it is one of the first communications operators in the world to provide a country-by-country analysis of law enforcement demands received. The analysis, it says, is based on data gathered from local licensed operators.
The report confirms that a number of countries' governments have direct lines into networks that enable them to eavesdrop on and record conversations.
While the majority of the 29 countries Vodafone operates in have laws in place that require authorisation for eavesdropping, the company confirmed some of them have free access to its network.
As far as SA goes, says Vodacom spokesperson Richard Boorman, the Regulation of Interception of Communications and Provision of Communication-related Information Act sets out the rules concerning surveillance.
"I can confirm that Vodacom only participates in the monitoring of communications within the framework provided by these regulations. More specifically, Vodacom SA would have to be served with a valid subpoena from a designated judge for any form of surveillance to take place."
Transparency
SA is one of at least eight countries that make it "unlawful" for Vodafone to disclose information around phone-tapping activity ("lawful interception" and "communications data" demands).
Vodafone says, after months of detailed analysis, it has become clear there is very little coherence and consistency in law and agency and authority practice, even between neighbouring EU Member States.
"There are also highly divergent views between governments on the most appropriate response to public demands for greater transparency, and public attitudes in response to government surveillance allegations can also vary greatly from one country to another."
Vodafone says it believes the onus is on governments, rather than operators, to provide transparency on the number of wire-tapping demands issued to operators.
"It is inevitable that legislation lags behind technological innovation in the fast-moving and complex era of internet protocol-based networks, cloud technologies and the proliferation of connected devices in an 'Internet of things'. We recognise that agencies and authorities can face significant challenges in trying to protect the public from criminals and terrorists within a legislative framework that pre-dates many of the technologies that are now central to people's daily lives."
The cellular giant says it thinks governments could do more to ensure that the legal powers relied upon by agencies and authorities are fit for the Internet age.
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