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ARTICLE · 24 JANUARY 2017

Metadata in civil and commercial litigation

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These amendments propose to permit access to retained data in national security and serious criminal investigations.

AustraliaLitigation, Mediation & Arbitration
Murray Thornhill
Murray Thornhill
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The Telecommunications (Interception and Access) Act 1979 (Cth) (as amended in 2015) (TIAA) requires that Australian telecommunication companies retain specific data for a period of at least two years. The purpose of the TIAA is to permit access to retained data by Australian law enforcement and security agencies to assist in national security and serious criminal investigations.

Whilst it is not uncommon for a party in civil proceedings to request a subpoena to compel a Service Provider (SP) to produce documents relating to telephone or internet communications, amendments to the TIAA due to come into effect in April of this year will restrict access of data by subpoena where that data was retained by a SP to soley comply with the ITAA, provided no exclusion applies.

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