Not necessarily, but unless every part of the stack is open, how can you truly be certain? For desktops it's not as big of a deal, since you can monitor the network activity through a router. But for a smartphones it seems like it'd be much harder to detect.
EDIT: Active spying might be pushing it too far, but backdoors? It wouldn't surprise me to learn my hardware has a few backdoors.
There's no concrete evidence of such a thing, but keep in mind that the ME is advanced enough and exerts enough control over the installed system that it can be hacked and a keylogger covertly installed.
Knowing what I know of enterprise coding standards, the likelihood is greater that it is being abused than it isn't.