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ARTICLE · 20 OCTOBER 2015

Mandatory data retention obligations have commenced

Licensed carriers, service providers and ISPs must retain data from customer communications for not less than two years.

AustraliaMedia, Telecoms, IT, Entertainment

Key Points:

Licenced carriers, carriage service providers and internet service providers must now retain and secure for two years metadata relating to the telecommunications services they offer, unless they have an approved Data Retention Implementation Plan.

New laws amending the Telecommunications (Interception and Access) Act 1979 (Cth) came into effect this week to require licensed carriers, carriage service providers and internet service providers to retain data arising from customer communications for not less than two years.

Up until the introduction of these new laws, the Act did not specify the types of data the telecommunications industry was required to hold, or specify how long that information should be retained for. This meant there was significant variation in the types of data available to law enforcement and national security agencies, impeding their ability to investigate and prosecute serious offences.

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