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Vodafone New Zealand Limited
Agreement between Vodafone New Zealand Limited and the New Zealand Police for
information requests and investigative assistance.
This agreement contains the following topics:
Part 1: Parties and general terms
•
1. Parties
•
Background
•
General terms
•
Interpretation
•
Administration
•
Confidential information
•
Relationship with other (third party) telecommunications carriers
•
Liability and indemnity
•
Disputes resolution
•
Media policy
Part 2: Protocol one
•
The disclosure of customer calling activity and subscriber information to the police
•
Requests to Vodafone to disclose customer telecommunications information
•
Constraints on disclosure
Part 3: Protocol two
• Technical assistance that Vodafone may be able to provide to police involved in armed
offenders, hostage or other very serious situations
•
3. Technical assistance
•
Request to Vodafone for technical assistance
•
Restoring service to normal
Part 4: Protocol three
•
Interception requirements
•
4. Interception of private communications
•
Interception warrants
•
Call data warrants
Part 5: Schedules
•
Schedule 1: Services offered under agreement
•
Schedule 2: Certificate of existence of telecommunications act call data warrant
•
Schedule 2A: Certificate of existence of interception warrant
•
Schedule 3: Vodafone information request form
•
Schedule 4: Written request by Police for technical assistance from Vodafone
•
Schedule 5: Contact details
•
Schedule 6: Service level agreement
•
Schedule 7: Governance framework
•
Schedule 8: Cost recoveries
•
Confidential
Page 1 of 23
Vodafone protocol, Continued...
Part 1: Parties and general terms
1. Parties
1.1 Vodafone New Zealand Limited (“
Vodafone”).
1.2 The New Zealand Police (“
the Police”).
Background
1.3 This Agreement formalises the relationship between the parties in respect of the
assistance that Vodafone will provide to the Police when performing duties in relation to
law enforcement and public safety. It is necessary to formalise the relationship between
the parties so that:
(a) the expectations, obligations and procedures of each party are clearly defined;
(b) the efficiency of both parties in the provision of their respective services is
improved; and
(c) the privacy of Vodafone’s customers is protected.
1.4 It is acknowledged that the provision of assistance may involve the disclosure of
personal information about Vodafone’s customers and third parties who use the
Vodafone Network. Vodafone wishes to protect the confidence of communications on the
Vodafone Network and the privacy of its customers. However, Vodafone acknowledges
that, where disclosure is reasonably necessary for the Police to prevent or investigate a
crime, it may be in the public interest for disclosure to be given.
1.5 To achieve an appropriate balance between those competing values, the Agreement
provides that all disclosure of personal information will be made in accordance with the
Privacy Act 1993, the Telecommunication Information Privacy Code 2003 and Vodafone’s
contractual obligations to its customers. The Agreement also recognises that a high
expectation of privacy attaches to certain information and, accordingly, will not be
disclosed without the provision of a warrant requiring disclosure.
1.6 At the time of signing, this agreement does not cover data interception procedures,
process or cost recoveries in terms of the Telecommunications (Intercept Capability) Act
2004. Vodafone’s Public Data Network interception capability will be in place in
accordance with the Act by 5 April 2009. Once agreement on procedures processes and
cost recoveries have been concluded, the Parties may include them as an amendment to
this agreement.
General terms
1.7 Vodafone agrees to provide assistance to the Police in accordance with the terms and
conditions of the Agreement and the Police agree to reimburse the actual and reasonable
costs associated with providing this assistance in accordance with Schedule 8.
Interpretation
1.8 For the purpose of the Agreement:
Agreement means this Agreement including any schedules.
Authorised approver means a sworn member of the Police who has been nominated by
the Police to approve and sign Information Requests Forms for Customer Subscriber
Information.
Cellphone means a mobile cellular telephone handset used on either the GSM or UMTS
digital cellular telecommunications network.
Cell site information means the physical location of a cell site, the coverage of a cell
site and maximum service distance of a cell site. Where details of the strength and
Page 2 of 23
Vodafone protocol, Continued...
quality of the signal are also available, these will require the services of an Engineer and
for which Vodafone will require a written Information Request Form signed by an
Authorised Approver.
Customer subscriber information means a customer name, address, date of birth,
activation date and / or telephone number(s).
Customer telecommunications information
Information requests means any request for information held by Vodafone received
from the Police on an Information Request Form signed by an Authorised Approver.
Information requests forms means the form contained in Part 5, Schedule 3 of the
Agreement.
Vodafone cellular network means the GSM and UMTS digital cellular
telecommunications network owned and operated by Vodafone in New Zealand and used
by Vodafone to provide services to its customers.
Vodafone fixed network means the copper and fibre-optic telecommunications
network owned and operated by Vodafone in New Zealand and used by Vodafone to
provide services to its customers.
Vodafone network includes the Vodafone Cellular Network, the Vodafone Fixed
Network, the Vodafone Internet Service Provider (ISP) environment and all the systems
and equipment that support these environments.
Administration
1.9 The Agreement shall commence on 1 July 2008 and shall continue until terminated in
accordance with clause 1.12 or in the event that the parties are unable to agree on
Vodafone’s annual costs recovery charge in accordance with Schedule 8.
1.10 The Agreement supersedes any prior agreement or arrangement between the
parties.
1.11 No rights under the Agreement can be assigned by the Police.
1.12 Either party may terminate the Agreement, at any time, by giving the other party
no less than three months written notice.
Confidential information
1.13 The parties agree that the terms of the Agreement are confidential and cannot be
disclosed to any third party without the consent of both parties, unless disclosure is
required by law.
Relationship with other (third party) telecommunications carriers
1.14 Notwithstanding the confidentiality provision contained in clause 1.13, the parties
agree that this Agreement, excluding those terms relating to price, may be shown to
other (third party) telecommunications service providers (“TSPs”). The Police further
agree that, before entering into any similar agreement with any other TSP, they will
Page 3 of 23
Vodafone protocol, Continued...
disclose the terms, other than terms relating to price, of any such agreement to
Vodafone.
1.15 Vodafone provides cellular service to customers on the Vodafone Network and also
provides access to that network to TSPs. TSPs do not have total visibility over the
Vodafone Network and may not be able to trace all calls. The Police agree to direct
enquiries for subscriber information, calling records and billing records relevant to
customers of other TSPs directly to the relevant TSP in the first instance.
Liability and indemnity
1.16
1.17
1.18
Disputes resolution
1.19 Any dispute or difference which arises between the parties in relation to this
Agreement (“
Dispute”) must be resolved in accordance with this section.
1.20 If a Dispute arises, either party may give written notice to the other requiring that
the Dispute be resolved in accordance with this section (
Dispute Notice). The Dispute
Notice must be sent to the National Crime Manager (Police) and the Head of Fraud Risk
and Security (Vodafone). A party’s Dispute Notice must specify:
(a) the nature of the Dispute; and
(b) its suggestion for settling the Dispute.
1.21 The National Crime Manager and the Head of Fraud Risk and Security shall
negotiate in good faith to resolve the Dispute within 10 working days of the receipt of
the Dispute Notice. If the parties are unable to resolve the Dispute within [10] working
days of receipt of the Dispute Notice, then the Dispute shall be elevated to the
Governance Team (refer Schedule 7: Governance Framework), unless agreed otherwise.
If the Governance Team are unable to reach a resolution to the Dispute within 10
working days of the referral of the dispute to them, then the Dispute shall be elevated to
the Executive Team (refer Schedule 7: Governance Framework) for final resolution.
1.22 Should the Executive Team not agree on a resolution to the Dispute within 10
working days of the referral of the Dispute to them, then either party may terminate the
Agreement in accordance with clause 1.12.
1.23 Each party to the agreement shall be responsible for their own costs in relation to
resolution of any Dispute.
Media policy
1.24 From time to time the parties may receive media enquiries relating to issues
addressed by this Agreement.
The objective this section is to ensure:
(a) the safety of Police and Vodafone employees and contractors;
(b) the safety of members or the public;
(c) the integrity of potential Court evidence; and
Page 4 of 23
Vodafone protocol, Continued...
(d) future Police operations and investigations are not compromised in any way
through media statements or comments.
1.25 Notwithstanding the confidentiality provision contained in clause 1.13 of the
Agreement, the parties may comment or issue statements to the media and third parties
in accordance with clauses 1.26 to 1.31.
1.26 All comments and statements made to the media shall only be in response to a
specific query from the media unless otherwise agreed by the parties.
1.27 Any comments or statements made to the media by the parties or any one of them
shall be made or approved by the party’s respective communications specialists.
1.28 The parties shall, where reasonably possible, consult with each other before
finalising any media statement or comment. (24 hour contact details for each party’s
nominated communications specialist are contained in Schedule 4).
1.29 In the event that Vodafone is unable to contact the Police before making a media
statement, the parties agree that Vodafone may make the following statement:
“Vodafone assists the Police in a manner consistent with that of a good corporate
citizen and in compliance with the law. Other than that, for security reasons,
Vodafone has a policy of not commenting publicly on Police operations which may or
may not involve Vodafone. Enquiries regarding Police operations or investigations
should be referred to the Police.”
1.30 In the event that the Police are unable to contact Vodafone before making a media
statement, the parties agree that the Police may make the following statement:
“Vodafone assists the Police in a manner consistent with that of a good corporate citizen
and in compliance with the law”.
1.31 Each party agrees that where they receive enquiries from parties other than the
media relating to issues set out in this Agreement, they will act in a way that ensures
the objectives of this section set out at clause 1.24 are not compromised.
1.32 Similarly, from time to time the parties may receive enquiries relating to issues
addressed by this Agreement from members of the public. The parties agree that the
same principles detailed in 1.24 – 1.31 will be applied with the default statement being:
“We are unable to confirm or deny Vodafone’s involvement in Police matters”.
Signed for and on behalf of
Signed for and on behalf of
The New Zealand Police by
Vodafone New Zealand Limited by
………………………………………
………………………………………
Howard Broad
Russell Stanners
Commissioner of Police
Chief Executive Officer
Date …………………………….....
Date ...............................
Page 5 of 23
Vodafone protocol, Continued...
Part 2: Protocol one
The disclosure of customer calling activity and subscriber information to
the police
2. Requests to Vodafone to disclose Customer Subscriber Information
2.1 In the course of a criminal investigation, Vodafone may, in accordance with clauses
2.2 and 2.6 of the Agreement, provide Customer Subscriber Information to the Police.
2.2 Subject to clause 3.6, the Police must make a written request for the disclosure of
Customer Subscriber Information using the Information Request Form contained in Part
4, Schedule 3 of this Agreement. In particular, the written request must:
(a) be signed by the requesting Police officer;
(b) certify that the request for disclosure is made in reliance of one of the exceptions
contained in Rule 11 of the Telecommunications Privacy Code 2003;
(c) specify the relevant exception to the Telecommunications Privacy Code 2003
upon which the request for disclosure is relied upon and provide reasons for why
that exception applies;
(d) provide clear details of the Customer Subscriber Information requested;
(e) be approved and signed by an Authorised Approver; and
(f) acknowledge that Vodafone shall not be liable for any errors or omissions in the
provision of Customer Subscriber Information.
2.3 The written request must be sent to Vodafone’s Agency Liaison Team. Upon receipt
of the written request, Vodafone will consider whether disclosure of the Customer
Subscriber Information requested is permitted. If Vodafone is satisfied that the request
to disclose Customer Subscriber Information does not breach Vodafone’s statutory or
contractual obligations, Vodafone will provide the Customer Subscriber Information
requested, unless clause 2.4 applies.
2.4 Vodafone may, in its discretion, require a warrant to be issued and executed in
relation to the Customer Subscriber Information requested before releasing that
information.
2.5 The Police shall provide an up to date list of Authorised Approvers from time to time.
Urgent requests to Vodafone to release customer subscriber information
2.6 In circumstances which are considered urgent by the Police, a member of the Police
may make a verbal request for the disclosure of Customer Subscriber Information to
Vodafone. The verbal request shall specify the same matters contained in clause 2.2,
and shall be followed, within one working day, by a completed Information Request Form
recording those matters.
2.7 Upon receipt of the verbal request, Vodafone will consider whether disclosure of the
Customer Subscriber Information requested is permitted. If Vodafone is satisfied that
the request to disclose Customer Subscriber Information does not breach Vodafone’s
statutory or contractual obligations, Vodafone will provide the Customer Subscriber
Information requested unless clause 2.4 applies.
2.8 The Police agree that they will only make a verbal request for Customer Subscriber
Information if there are reasonable grounds to believe that the circumstances are urgent
and that Customer Subscriber Information is required:
(a) in relation to a serious and imminent threat to public health, public safety or the
life and/or health of an individual; or
Page 6 of 23
Vodafone protocol, Continued...
(b) for investigative purposes and any delay in the provision of that information
could critically impede the investigation of a serious offence.
2.9 The Police agree that they will provide sufficient information to Vodafone at the time
of the verbal request to allow Vodafone to be satisfied that the requirements of clause
2.8 are met. Where Vodafone is not satisfied that the request meets the requirements
of clause 2.8, Vodafone may, in its discretion, require a warrant to be issued and
executed in relation to the Customer Subscriber Information requested before releasing
that information.
Requests to Vodafone to disclose customer telecommunications information
2.10 Vodafone will only release Customer Telecommunications Information upon receipt
of an appropriate warrant.
2.11 Vodafone accepts that a good facsimile copy of a search warrant addressed to the
Government Liaison and Information Disclosure Manager will be sufficient to consider the
warrant served. The contact details of the Government Liaison and Information
Disclosure Manager is contained in Part 5, Schedule 5 of this Agreement.
Constraints on disclosure
2.12 The Police accept that, because of competing priorities associated with the use of
Vodafone’s computer systems, there may be rare occasions when Vodafone may be
unable to assist the Police in either discharging an Information Request Form or a search
warrant served on Vodafone. Vodafone undertakes to provide assistance to the Police in
accordance with the Service Level Agreement contained in Part 5, schedule 6 of this
Agreement. Where Vodafone is unable to provide assistance within the agreed Service
Level Agreement time frames, the requesting Police officer will be notified at the time
Vodafone becomes aware they will not be able to action the request in the agreed
timeframe.
2.13 To assist Vodafone, the Police may nominate a member of the Police to be a liaison
contact between the Police and Vodafone to determine priorities between Information
Requests relating to large scale or complicated operations. The Police will notify
Vodafone’s Government Liaison and Information Disclosure Manager if an appointment is
made and the contact details of that appointee.
Page 7 of 23
Vodafone protocol, Continued...
Part 3: Protocol two
Technical assistance that Vodafone may be able to provide to police
involved in armed offenders, hostage or other very serious situations
3. Technical assistance
3.1 Vodafone is able to provide to the Police technical assistance
(“
Technical Assistance”). The Technical Assistance that
Vodafone can provide is outlined in the table below in clause 3.3.
3.2 The Police shall bear all risk, responsibility and liability to both life and property
associated with Vodafone
when Vodafone is
requested to do so by the Police under this Protocol.
3.3 The technical assistance that Vodafone can provide is summarised below:
Assistance
Description
Request to Vodafone for technical assistance
3.4 Vodafone agrees to provide Technical Assistance upon receipt of a verbal request to
its Government Liaison and Information Disclosure Manager. The verbal request must be
from one or more of the Supervisor of the Communications Centre or the officer in
Charge of the Police Negotiating Team or the officer in Charge of the Armed Offender
Squad or a member of the Police that either holds the rank of Senior Sergeant or acting
Senior Sergeant.
3.5 The Police must send a written request, within one working day of the verbal request
being made, using the form contained in Part 5, schedule 4 of the Agreement.
3.6 The Police agree that they will only make a request for Technical Assistance if there
are reasonable grounds to believe that a person(s) life is in imminent real or actual
danger and that the threat to that person(s) can be lessened by Vodafone providing
Technical Assistance.
Restoring service to normal
3.7 The Police will advise Vodafone’s Government Liaison and Information Disclosure
Manager by telephone as soon as the incident has reached a stage where Vodafone’s
technical intervention is no longer necessary and the functionality can be restored to
normal. This is to be confirmed by fax as soon as possible. Upon receipt of such
notification, Vodafone’s Government Liaison and Information Disclosure Manager will
restore the relevant cellphone service to its original state.
Page 8 of 23
Vodafone protocol, Continued...
Part 4: Protocol three
Interception requirements
4. Interception of private communications
Interception warrants
4.1 Where the Police have obtained an interception warrant and have made a request in
accordance with clause 4.2 then Vodafone agrees to assist the Police in intercepting
private communications on the Vodafone Network.
4.2 All requests by Police to Vodafone for assistance to intercept a private
communication on the Vodafone network will be made by either the Manager: Crime
Monitoring Centre or the Operations Manager: Crime Monitoring Centre to the Vodafone
Government Liaison and Information Disclosure Manager.
4.3 All requests for interception will be provided via e-mail to the Vodafone Agency team
on the Crime Monitoring Centre’s e-mail template and
include a Certificate of Existence of an Interception Warrant as contained in Schedule 2A.
4.4 In addition to the requirements in clause 4.3 the request will be followed up with a
telephone call to the Vodafone Information Disclosure Manager to ensure Vodafone can
meet the Service Level Agreement timeframe noted in Schedule 6.
4.5 Interception warrants served on Vodafone outside Vodafone’s normal business hours
of 7.30am to 5pm week days (excluding public holidays), must be advised to the
Government Liaison & Information Disclosure Manager to ensure resources are available.
Call data warrants
4.6 Where the Police have obtained a Call Data warrant and have made a request in
accordance with clause 4.7 then Vodafone agrees to assist the Police in provisioning this
interception on the Vodafone Network.
4.7 All requests by Police to Vodafone for assistance in executing a Call Data Warrant will
be made by either the Manager: Crime Monitoring Centre or the Operations Manager:
Crime Monitoring Centre to the Vodafone Government Liaison and Information Disclosure
Manager.
4.8 All Call Data warrant requests will be provided via e-mail to the Vodafone Agency
team
on the Crime Monitoring Centre’s e-mail template and
include a Certificate of Existence of an Interception Warrant as contained in Schedule 2A.
4.9 In addition to the requirements in clause 4.8 the request will be followed up with a
telephone call to the Vodafone Information Disclosure Manager to ensure Vodafone can
meet the Service Level Agreement timeframe noted in Schedule 6.
4.10 Call Data warrants served on Vodafone outside Vodafone’s normal business hours
of 7.30am to 5pm week days (excluding public holidays), must be advised to the
Government Liaison & Information Disclosure Manager to ensure resources are available.
Page 9 of 23
link to page 11 link to page 12 link to page 13 link to page 14 link to page 15 link to page 16 link to page 19 link to page 22 link to page 23
Schedule to Vodafone protocol, Continued...
Part 5: Schedules
This section contains the below topics:
Schedule 1: Services offered under agreement
Schedule 2: Certificate of existence of telecommunications act call data warrant
Schedule 2A: Certificate of existence of interception warrant
Schedule 3: Information request form
Schedule 4: Written request by Police for technical assistance from Vodafone
Schedule 5: Contact Details
Schedule 6: Service level agreement
Schedule 7: Governance framework
Schedule 8: Cost recoveries
Page 10 of 23
Schedule 1 to Vodafone protocol, Continued...
Schedule 1: Services offered under agreement
Service
Description
•
•
•
Consultation
Consultation with:
• Agency Liaison team (general phone enquiries)
• Specialists such as a Radio Frequency Engineer
Presenting
Preparing and checking Briefs of Evidence
evidence
Travelling to, attending and presenting evidence in court
Page 11 of 23
Schedule 2 to Vodafone protocol, Continued...
Schedule 2: Certificate of existence of
telecommunications act call data warrant
Download the
certificate of existence of telecommunications act call data warrant
template (word doc, 33 KB)
Page 12 of 23
Schedule 2A to Vodafone protocol, Continued...
Schedule 2A: Certificate of existence of interception
warrant
Download the
certificate of existence of interception warrant template (word doc, 33 KB)
Page 13 of 23
Schedule 3 to Vodafone protocol, Continued...
Schedule 3: Vodafone information request form
The Vodafone information request form is available through Microsoft Word> Police
Forms> Reports> Vodafone - Information request form.
Page 14 of 23
Schedule 4 to Vodafone protocol, Continued...
Schedule 4: Written request by Police for technical
assistance from Vodafone
Download the
written request template (word doc, 40 KB)
Page 15 of 23
Schedule 5 to Vodafone protocol, Continued...
Schedule 5: Contact details
Types of assistance
Vodafone
Contact details
Standard requests
Disclosure of historical
Agency Liaison Team
Phone:
customer information,
including subscriber
information , call and text
Fax:
data, billing information
and cell site data
Email:
Postal Address:
Address for service of
documents:
Urgent requests
Technical assistance in
Primary contact:
Emergency Contact
serious situations where
Government Liaison and
(outside normal business
there a serious or
Information Disclosure
hours)
imminent threat to public
Manager
health, public safety or the
Vodafone Customer Services
life or health of an
Phone:
individual, including:
Mob:
Phone:
Incoming call
restrictions
Outgoing call
restrictions
Call diversion
Service disconnection
Cellular
communications
Specialist technical
support
Page 16 of 23
Schedule 5 to Vodafone protocol, Continued...
Variations to Protocol
Primary contact:
Secondary contact:
Dispute resolution
Government Liaison and
Information Disclosure
Manager
Cellphone:
Fax:
Email:
Physical Address:
Media - Communications
Cellphone:
Specialist
External Communications
Manager
Email:
Types of assistance
NZ Police
Contact details
Overall responsibility for
Detective Superintendent
Phone:
Police processes
Rodney Drew
National Manager: Criminal
Investigation
Fax:
Cellphone:
Email:
Physical Address:
180 Molesworth Street,
Wellington
Postal address:
P.O. Box 3017, Wellington
6140
Page 17 of 23
Schedule 5 to Vodafone protocol, Continued...
Administrative
Detective Inspector Paul
Phone:
Responsibility
Berry
Fax:
Cellphone:
Email:
Physical Address:
180 Molesworth Street,
Wellington
Postal address:
P.O. Box 3017, Wellington
6140
Page 18 of 23
Schedule 6 to Vodafone protocol, Continued...
Schedule 6: Service level agreement
Deliverables
description
service level
Hours of operation
Email:
Vodafone
Fax:
Phone:
Reception:
Agency:
Vodafone Address for
service:
Interception Management
Interceptions will be
Activations
activated on receipt of;
• Certificate of Existence
• Call Data Warrant (if
applicable)
• Email request from CMC
with PSTN, reference and
OIC details and/or email
details
Vodafone reserves the right
Deactivations
to request a copy of the
Interception Warrant prior
to activation.
Modifications
Call and Text Data
Information Disclosure
Customer subscriber
3 business days
Requests
information will be provided
on receipt of a correctly
completed & approved
Information Request form
[see schedule 3]
All other data will be
disclosed on receipt of a
valid S198 warrant or a call
data warrant.
Page 19 of 23
Schedule 6 to Vodafone protocol, Continued...
If Vodafone agency liaison
analysts are required to
analyse and extract the data
– a further
will be added to the SLA.
Pre-warrant email requests
will only be actioned for
No information
will be disclosed without a
warrant. Confirmation will
be provided if information is
or isn’t available.
Normal business hours
Phone:
On receipt of a correctly
completed and approved
Information Request form.
This information can be
provided outside normal
business hours if arranged
with the Government Liaison
and Information Disclosure
Manager or by following the
Emergency Services
Afterhours process
Briefs of Evidence
Email request to
Must include the Vodafone
file references and dates
that data was despatched
Technical Assistance
Verbal request to the
Vodafone Government
Liaison and Information
Disclosure Manager,
followed by a Technical
Request form [see schedule
4]
Technical Consultation
Can only be performed if RF
Engineer and Core Network
Design resource is available.
Arrange with the
Government Liaison and
Information Disclosure
Manager.
Cellsite Information
Vodafone retail cctv store
Contact: Government
Page 20 of 23
Schedule 6 to Vodafone protocol, Continued...
footage
Liaison and Information
Disclosure Manager
Vodafone Customer Care
Contact:
Voice Recordings
Email request to
Request must be approved
by District Crime Managers
Court appearances
Require minimum of 48
hours notice for Auckland
hearings and minimum of 5
business days for hearings
outside Auckland.
Emergency Services Calls
Normal business hours
Phone:
Afterhours and public
holidays
Phone:
A correctly completed Police
Emergency & After Hours
Request form must be
completed & faxed to a
number nominated by the
CSR
Page 21 of 23
Schedule 7 to Vodafone protocol, Continued...
Schedule 7: Governance framework
Download the
governance frame work (word doc, 66 KB)
Page 22 of 23
Schedule 8 to Vodafone protocol, Continued...
Schedule 8: Cost recoveries
Confidential
Information under Schedule 8 is not published online. Any queries regarding this
schedule are to be directed to the OC of the Policy and Projects Section within the
National Crime Service Centre.
Page 23 of 23
Document Outline
