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ARTICLE · 17 NOVEMBER 2015

Australia Introduces New Telecommunications Data Retention Laws

Jones Day
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Telecommunications service providers in Australia must now collect and retain telecommunications data for a period of two years under recent amendments to the Telecommunications (Interception and Access) Act 1979 (Cth).

AustraliaPrivacy

Telecommunications service providers in Australia must now collect and retain telecommunications data for a period of two years under recent amendments to the Telecommunications (Interception and Access) Act 1979 (Cth) ("Act"). The new laws apply to service providers, including internet service providers, carriage service providers and holders of a carrier licence that own or operate infrastructure in Australia. Service providers who are unable to comply with the new laws may apply for approval of a "data retention implementation plan" outlining the service provider's current practices for keeping and ensuring confidentiality of information and interim arrangements prior to full compliance with the Act (for a period of 18 months from 13 October 2015). Service providers that do not comply with their data retention obligations may face pecuniary penalties of up to AUD250,000 payable by a body corporate for each contravention of the Act.

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