The agency initiated administrative proceedings in 2023 to determine whether operators informed the government about possible irregular monitoring by Abin
A Anatel (National Telecommunications Agency) reported this Wednesday (January 31, 2024) that it initiated 3 administrative proceedings against telephone operators to investigate signs of monitoring of people by Abin (Brazilian Intelligence Agency). Investigations were opened in 2023.
According to the Power360the companies that are the target of the processes are the AliveThe Tim and the Clear. Anatel is investigating several hypotheses about the espionage case. The regulatory agency is investigating whether companies learned about the monitoring from the press or whether they identified evidence of espionage and did not notify the government.
“Anatel investigates whether the providers noticed any attempts to improperly access information at the time they occurred and whether they should have notified the Agency, or whether they only became aware of it later, through press reports”said the agency in a note.
Anatel stated that the companies reported having no prior knowledge of monitoring or communication with Abin. Operators reported that they implemented blocking actions against unauthorized access and tests to confirm the sufficiency of the solution.
Asked about what sanctions could be applied, the agency said it would not provide further details, but released a note (read below). Searched for by Power360, the companies did not comment on the processes until the publication of this article. The space remains open.
Read the full Anatel note:
“Anatel (National Telecommunications Agency) informs that it has initiated 3 administrative proceedings based on the facts reported in the press on March 14, 2023, regarding the possible monitoring of citizens through spy software, on the networks of mobile phone companies.”
“Such procedures prioritized, at the beginning, clarifying whether there was knowledge and collaboration of the providers with Abin (Brazilian Intelligence Agency), and investigating any failures that could allow such undue access.”
“The providers reported having no prior knowledge or communication with Abin regarding the reported facts. They also reported having implemented blocking solutions regarding possible improper access through international interconnection protocols. Furthermore, they reported having carried out tests to confirm the sufficiency of the solution.”
“Anatel is investigating whether the providers noticed any attempts to improperly access information at the time they occurred, and whether they should have notified the Agency, or whether they only became aware of it later, through press reports.”
“The adoption of security solutions does not necessarily occur as a reaction to incidents that have occurred, but can also result from preventive measures and risk management, which is an obligation arising from sectoral regulations.”
“The providers have provided information to the Agency on the topic and a new round of tests on the sufficiency of the implemented blocking solutions has been agreed.”
“Eventual findings of signs of non-compliance with obligations lead to the opening of sanctioning proceedings, which respect due legal defense and contradictory process.”
“The Agency informs that it has requested information from the Federal Police that could contribute to the continuity of the investigations.”
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