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Vodafone strongly criticised by UN official for breaching journalist's data Vodafone strongly criticised by UN official for breaching journalist's data
(about 1 hour later)
The United Nations special rapporteur for freedom of expression has criticised Vodafone’s handling of a serious privacy breach of an Australian reporter’s phone records, and said the unauthorised access showed “no respect” for source protection.The United Nations special rapporteur for freedom of expression has criticised Vodafone’s handling of a serious privacy breach of an Australian reporter’s phone records, and said the unauthorised access showed “no respect” for source protection.
David Kaye, whose role as special rapporteur involves monitoring serious issues around freedom of speech across the world, told the Guardian the incident reflected ongoing concerns in Australia about privacy and protecting journalists’ sources.David Kaye, whose role as special rapporteur involves monitoring serious issues around freedom of speech across the world, told the Guardian the incident reflected ongoing concerns in Australia about privacy and protecting journalists’ sources.
Related: Vodafone's data breach a lesson for tech companies to be open about mistakesRelated: Vodafone's data breach a lesson for tech companies to be open about mistakes
An Australian journalist with Fairfax Media, Natalie O’Brien, had her call and text records accessed by a Vodafone employee in 2011, shortly after she reported on a major data breach within the Australian arm of the global company. She was not made aware that her phone records were accessed until this year.An Australian journalist with Fairfax Media, Natalie O’Brien, had her call and text records accessed by a Vodafone employee in 2011, shortly after she reported on a major data breach within the Australian arm of the global company. She was not made aware that her phone records were accessed until this year.
The company has now admitted the breach occurred, and on Tuesday it referred the matter to the Australian federal police for investigation. The Australian Communications and Media Authority, which regulates parts of the Australian telecommunications sector, has also been made aware of the breach.The company has now admitted the breach occurred, and on Tuesday it referred the matter to the Australian federal police for investigation. The Australian Communications and Media Authority, which regulates parts of the Australian telecommunications sector, has also been made aware of the breach.
The incident may also have ramifications for Vodafone Group’s British and international presence after emails published in the Australian newspaper revealed that a global manager, who was based in London, was made aware of the breach in 2012.The incident may also have ramifications for Vodafone Group’s British and international presence after emails published in the Australian newspaper revealed that a global manager, who was based in London, was made aware of the breach in 2012.
Kaye said, “It’s a fundamental rule in advanced democracies for sure that the sources for journalists enjoy confidentiality. Here was a very clear example of a company breaching that confidentiality and circumventing any kind of legal procedure that might be out there.Kaye said, “It’s a fundamental rule in advanced democracies for sure that the sources for journalists enjoy confidentiality. Here was a very clear example of a company breaching that confidentiality and circumventing any kind of legal procedure that might be out there.
“The reporter is also a customer of Vodafone, and without her knowledge the company checked into her phone records. Putting aside domestic law, that’s a real violation of her privacy and what she would expect with respect to her own phone company.”“The reporter is also a customer of Vodafone, and without her knowledge the company checked into her phone records. Putting aside domestic law, that’s a real violation of her privacy and what she would expect with respect to her own phone company.”
Australia has been engaged in a lengthy debate about surveillance over the past two years after disclosures by Edward Snowden and a push from the federal government to pass mandatory data retention legislation to retain certain types of phone and web records for two years. The government succeeded in passing the new laws in March this year, despite concerns from privacy advocates.Australia has been engaged in a lengthy debate about surveillance over the past two years after disclosures by Edward Snowden and a push from the federal government to pass mandatory data retention legislation to retain certain types of phone and web records for two years. The government succeeded in passing the new laws in March this year, despite concerns from privacy advocates.
The revelations surrounding Vodafone have thrust the spotlight on to the corporate players involved in implementing this scheme, and the way private companies handle personal data.The revelations surrounding Vodafone have thrust the spotlight on to the corporate players involved in implementing this scheme, and the way private companies handle personal data.
Kaye said, “It seems pretty egregious, whether we’re talking about just a citizen or a journalist. It seems to me that as a matter of good corporate practice, particularly if this was a rogue operation, the company should have told her immediately. And they should have told her employer.Kaye said, “It seems pretty egregious, whether we’re talking about just a citizen or a journalist. It seems to me that as a matter of good corporate practice, particularly if this was a rogue operation, the company should have told her immediately. And they should have told her employer.
'It was really a breach that went to her practice as a journalist.''It was really a breach that went to her practice as a journalist.'
“This was a breach that wasn’t just personal, but it was really a breach that went to her practice as a journalist. She should have been told about the breach early on.“This was a breach that wasn’t just personal, but it was really a breach that went to her practice as a journalist. She should have been told about the breach early on.
“The underlying problem here is that there was no respect, at least from whoever breached the security here, for the concept of source protection.”“The underlying problem here is that there was no respect, at least from whoever breached the security here, for the concept of source protection.”
The Guardian has asked Vodafone Group in Britain whether any other executives were made aware of the incident in 2012, and what action they recommended Vodafone Australia take, but they have yet to respond.The Guardian has asked Vodafone Group in Britain whether any other executives were made aware of the incident in 2012, and what action they recommended Vodafone Australia take, but they have yet to respond.
Vodafone Australia has released a lengthy statement about the breach, and said at the outset it strongly denied any allegations of improper behaviour. A further statement said the Vodafone Australia chief executive had apologised to O’Brien.Vodafone Australia has released a lengthy statement about the breach, and said at the outset it strongly denied any allegations of improper behaviour. A further statement said the Vodafone Australia chief executive had apologised to O’Brien.
Its statement said: “In around June 2012, VHA became aware that an employee had, in January 2011, accessed some recent text messages and call records of a customer. VHA immediately commissioned an investigation by one of Australia’s top accounting firms.Its statement said: “In around June 2012, VHA became aware that an employee had, in January 2011, accessed some recent text messages and call records of a customer. VHA immediately commissioned an investigation by one of Australia’s top accounting firms.
“The investigation found there was no evidence VHA management had instructed the employee to access the messages and that VHA staff were fully aware of their legal obligations in relation to customer information.”“The investigation found there was no evidence VHA management had instructed the employee to access the messages and that VHA staff were fully aware of their legal obligations in relation to customer information.”
VHA told the Guardian it was taking the matter very seriously and would ensure there was full cooperation with investigations by the relevant authorities.
“VHA has reported this matter to the Australian federal police so that they can determine if there was any unlawful conduct surrounding the events in 2011.
“VHA is also cooperating fully with the Office of the Australian Information Commissioner and the Australian Communications and Media Authority.”
“The privacy of our customers and protection of their information is our highest priority and we take this responsibility very seriously.”
Australian Greens senator Scott Ludlam has urged the AFP to investigate the breach, and the Australian Media Entertainment and Arts Alliance has described the incident as unforgivable.Australian Greens senator Scott Ludlam has urged the AFP to investigate the breach, and the Australian Media Entertainment and Arts Alliance has described the incident as unforgivable.