Data Retention begins...NOW!



Tuesday (13 October) is the key date in data retention. From this day, most internet companies and telcos must start storing their customer's metadata and making it accessible to government agencies without a warrant.

The Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 requires telecommunications service providers to retain their customers' metadata for 2 years. Retained data will include the customer’s identity, and the date, time and form of communications. There is an exception if the Commonwealth decides that a service provider is allowed to delay implementation. The exception lasts for up to 18 months.

Government agencies tasked with enforcing criminal law such as the state and federal police will be able to access the retained data, if they consider it reasonably necessary for enforcing the criminal law. Other agencies tasked with imposing civil fines (such as the Australian Tax Office, Local Governments or the RSPCA) may also be given access to the data.

NSW Council for Civil Liberties considers mandatory data retention a core civil liberties issue. NSWCCL President Stephen Blanks said "the regime is indiscriminate and poorly regulated. There is a real risk the stored information might be misused by government agencies. It’s akin to banning everyone in the country from having blinds on their windows because a handful among us might be engaged in crime."