Global telecommunications provider Vodafone has released its first transparency report giving a detailed insight into legal frameworks, governance principles and operating procedures across 29 countries – including joint ventures in Australia, Fiji and Kenya.

The report comes after the surveillance of governments and government bodies was revealed by Edward Snowden in June 2013.

In the report Vodafone states its customers have a right to privacy.

But in each country in which it operates, Vodafone has to abide by the country's laws to disclose information about its customers to law enforcement agencies or government authorities.

“We therefore have to balance our responsibility to respect our customers’ right to privacy against our legal obligation to respond to the authorities’ lawful demands,” Vodafone said.

Vodafone said most countries it operates in need a warrant to listen to phone calls or look at text messages, emails or web chats. However in six of the countries, governments have a permanent link to monitor communications.

It said in a small number of countries it will not receive any form of demand for lawful interception access,because the relevant agencies and authorities already have permanent access to customer communication via their own direct link.

Vodafone said it refuses to comply with unlawful demands.

Under the communications technology and governments section of its report Vodafone states it is “inevitable that legislation lags behind technological innovation”.

Vodafone said it believes many governments could do more to ensure legal powers relied upon by agencies and authorities are fit for the internet age.

Vodafone said, in its view, legislative frameworks must be:
- Tightly targeted to achieve specific public protection aims, with powers limited to those agencies and authorities for whom lawful access to customer data is essential rather than desirable.

- Proportionate in scope and defined by what is necessary to protect the public not by what is technically possible.

-Operationally robust and effective, reflecting the fact that households access the internet via multiple devices – games consoles, TVs, laptops, tablets and smartphones – and each person can have multiple online accounts and identities.

Vodafone said it also believes governments should:
- Balance national security and law enforcement objectives against the state’s obligation to protect everyone's human rights.

- Require all relevant agencies and authorities to submit to regular scrutiny by an independent authority empowered to make public – and remedy – any concerns identified.

- Enhance accountability by informing those served with demands of the identity of the relevant official who authorized a demand and by providing a rapid and effective legal mechanism for operators and other companies to challenge an unlawful or disproportionate demand.

- Amend legislation which enables agencies and authorities to access an operator’s communications infrastructure without the knowledge and direct control of the operator, and take steps to discourage agencies and authorities from seeking direct access to an operator’s communications infrastructure without a lawful mandate.

- Seek to increase their citizens’ understanding of the public protection activities undertaken on their behalf by communicating the scope and intent of the legal powers enabling agencies and authorities to access customer data.

- Publish regular updates of the aggregate number of law enforcement demands issued each year or at least allow operators to publish this information without risk of sanction.

Last week Microsoft general counsel and EVP of legal and corporate affairs Brad Smith published a blog stating the US government had “unfinished business” to address to reduce the technology trust deficit it has created.