The New Data Retention Laws: What You Need To Know

The New Data Retention Laws: What You Need To Know
SHARE
THIS



The new data retention law came into effect yesterday, meaning mobile and telecommunications companies must keep customer metadata for up to two years.

We at B&T spent the better part of our morning pulling together what you need to know about the new law.

What is the new law?

The new law was passed in March this year. It was first introduced in October 2014 as a further commitment from the Government to tackle possible terrorist threats and security. The changes mean government agencies and the Australian Security and Intelligence Organisation can have access to the data without a warrant. However, if the law is trying to find a journalist’s source, they are required to obtain a Journalist Information Warrant first.

The law requires telecommunications companies, such as Telstra, Optus, Vodafone and the like, to retain customer metadata records for two years. The legislation also requires the telcos to encrypt the data and not provide unauthorised access.

Metadata is the information about who you are communicating with, not what the content of the message is. So the metadata of a text message or email would be who is sending it, who is the recipient, the time and the place. But would not include the actual message inside the message.

The Government is not asking internet service providers to keep data on a person’s web browsing history.

Why was the new law needed?

Per the Government’s data retention hub, metadata is used in a number of criminal cases, to either rule out suspects, identifying people, as evidence and so on.

“Australia needs a data retention scheme because telecommunications companies are retaining less data and keeping it for a shorter time,” the website said.

“This is degrading the investigative capabilities of law enforcement and security agencies and, in some cases, has prevented serious criminals from being brought to justice.”

The data retention scheme was apparently needed in Australia because the constant explosions of technology mean some telcos aren’t keeping all types of metadata, which could be hindering criminal cases.

Cost

The scheme was estimated by PricewaterhouseCoopers (PwC) to cost all businesses between $188.8 million and $319.1 million each year.

The Government’s data retention site put this at less than one per cent of the $43 billion generated in revenue by the telco industry each year.

In February this year, before the law had been officially passed, the then Prime Minster Tony Abbott said it would not cost consumers and businesses more than $400 million.

“There are a range of figures which have been taken to the joint standing committee, but even at the highest estimate it’s less than one per cent of this $40 billion a year and growing sector,” he told the ABC.

“It seems like a small price to pay to give ourselves the kind of safety and the kind of freedom that people in a country like Australia deserve.”

Privacy

While the issue of privacy has been raised multiple times, the Government is insistent the data retention scheme is protected as personal information under the Privacy Act and the Australian Privacy Principles (APPs).

The APPs were updated in March last year. The sixth principle underlines the requirements for use or disclosure of personal information, stating the entity (whoever collected the information) must not use or disclose the information for another purpose unless the individual has consented, or it’s required by law. The principles go into more depth, which you can read about here if you would like.

However, many have called into question online privacy.

Contrubuting editor to the Sydney Morning Herald, Quentin Dempster, penned a piece saying it was the end of digital privacy in Australia.

“People are being asked by the Federal Parliament to accept that this regime of agency access is vitally necessary for national security at a time of geo-political tension, jihadi recruitment and the war on terror,” he wrote.

“But in a country where the biggest terrorism threat comes from lone wolves and random acts of terror, it’s a system that appears singularly ill-equipped to catch terrorists. What it does is render privacy a thing of Australia’s past.”

The Media, Entertainment and Arts Alliance (MEAA), the organisation for the media and journalists, recently condemned the move, saying it put journalists’ sources at risk. Read more about that here.

What’s happening with the telcos?

Scott Ludlam, Australian Greens deputy leader and communications spokesperson senator, yesterday said many internet service providers (ISP) hadn’t received a response about implementing the new changes from the Attorney-General’s Department.

“Instead of reinvesting in their businesses to meet the growing digital demands of Australians, ISPs are paying lawyers to try to decipher the data retention scheme and ensure their compliance with legislation that is vague and unclear,” he said in a statement on the Greens’ website.

“Smaller ISPs that serve regional communities may be forced out of business due to the expense that complying with this legislation has forced upon them. This implementation is Attorney-General George Brandis’ latest disaster.”

A Vodafone spokesperson said: “Vodafone is working with the Federal Government to agree the detail of our data retention implementation plan. We expect to complete all of the system upgrades and be compliant with our plan obligations by April 2017.

“Industry is still seeking clarification from government about how funding is to be allocated to offset the significant cost of systems changes and the on-going data retention obligations.

“The privacy of our customers and protection of their information is our highest priority and all customer personal information is handled in accordance with Australian privacy laws.”

An Optus spokesperson said: “Optus has established a significant compliance program and is on track to meet its meta-data retention obligations.

“We are working closely with the Attorney-General’s Department on a range of issues including administrative processes associated with compliance plans, and capital funding arrangements.”

A Telstra spokesperson said the company now has 18 months to become compliant after the approval of its implementation plan:  “Telstra has submitted a Data Retention Implementation Plan (DRIP) to the Attorney-General’s Department,” the spokesperson said.

“The Department has approved this plan, and we now have 18 months to become fully compliant.

“We continue to discuss the funding for this program with the Government and other stakeholders and we are hopeful that there will be a sensible solution that does not impact on our customers or shareholders.”

What the media is saying

Much of the coverage is similar articles detailing what you need to know, however some publications such as Mashable, New Matilda and SBS have pinpointed ways the act can be circumvent.

New Matilda spoke to Ludlam from the Greens, where he was encouraging Aussies to know adapt to an environment where their data is held.

His tips include not using the same password for everything, using online messaging systems instead of text messages, and start using a VPN. Read more about his tips here.

Journalist Asher Wolf wrote about her menstrual cycle on SBS, and why the data retention laws newly introduced will mean that for two years, the telco will know when she called her doctor, how many times etc. It’s  information the government doesn’t need, she argued, and can be a loss of dignity.

The Media, Entertainment and Arts Alliance (MEAA) has condemned the passing of the law, saying it poses a threat to journalists and their sources. Read more about that here.

Twitter reactions


http://www.sbs.com.au/news/article/2015/10/13/comment-nothing-hide-data-retention-dignity-and-tampons

Latest News

Digital Breadcrumbs: Picking Up The pieces your competitors leave online
  • Opinion

Digital Breadcrumbs: Picking Up The pieces your competitors leave online

In this guest column, Meltwater’s area director, David Hickey (pictured below), says a quick glance at the mountains of data your competitors are producing can fast prove a boon for your business too… It’s time for businesses to start paying attention and embrace the new digital reality we’re living in. We are currently in the […]

Opinion

by David Hickey

David Hickey
“The Rock” Leads a Flotilla Of Athletes In Huge Under Armour Campaign
  • Campaigns

“The Rock” Leads a Flotilla Of Athletes In Huge Under Armour Campaign

US sportswear giant Under Armour has enlisted Dwayne “The Rock” Johnson to front a series of inspirational new ads featuring a host of sport stars and fitness icons. Created by Droga 5 the campaign is called “Will finds a way” and includes eight ads in all. Johnson aside, the spots include actress and martial arts star, Zoe Zhang. Fellow […]

by B&T Magazine

B&T Magazine
Facebook founder and CEO Mark Zuckerberg arrives to testify during a Senate Commerce, Science and Transportation Committee and Senate Judiciary Committee joint hearing about Facebook on Capitol Hill in Washington, DC, April 10, 2018. / AFP PHOTO / SAUL LOEB        (Photo credit should read SAUL LOEB/AFP/Getty Images)
  • Media

Free TV Calls For ACCC Oversight Of Facebook & Google

In a submission lodged with the ACCC inquiry into digital platforms, industry body Free TV today called for greater regulatory oversight of Facebook and Google. The FreeTV submission identifies a number of key areas of concern: Heavy regulation on traditional media providers and almost none on Facebook and Google Questionable claims about the reach, viewability, […]

APN Outdoor Confirms Retention Of Three Key Contracts
  • Media

APN Outdoor Confirms Retention Of Three Key Contracts

APN Outdoor has used its annual general meeting to announce three key contract renewals: Transport for Brisbane, Transdev Melbourne and Adelaide & Parafield Airports, for multiple years. Company CEO and managing director, James Warburton, said: “These contracts represent an important part of our advertising offering. The far-reaching impact they provide delivers a compelling proposition and cements our commitment […]

Women In Media Profile: Olivia Warren
  • Media

Women In Media Profile: Olivia Warren

It's the latest in our Women In Media profiles, and this one is so good you'll possibly get a nervous twitch somewhere.

by B&T Magazine

B&T Magazine
LIDA Delivers Series Of Animated Info Bites For Busy Marketers
  • Marketing
  • Media

LIDA Delivers Series Of Animated Info Bites For Busy Marketers

M&C Saatchi Group’s customer engagement specialist agency, LIDA, has crafted an initial eight-episode series of bite-sized animated videos designed to help busy marketers stay ahead of the game. ‘60 Second Gets’ draws on LIDA’s wealth of experience to unpack the latest industry tools, tech and thinking. Launching today, the first video, ‘Success in 6 Seconds’, […]

Naked And Gidget Foundation Want Australians To Start Talking
  • Campaigns

Naked And Gidget Foundation Want Australians To Start Talking

Today Naked launches its ‘Start Talking’ campaign for Gidget Foundation Australia; a not-for-profit that provides support for families who are affected by perinatal depression and anxiety (PNDA). The centrepiece of the campaign is a powerful TVC that brings to life this common, but often hidden illness, and shows how Gidget Foundation’s ‘Start Talking’ telehealth program […]

MKTG Integrates Telstra Tracker Data With LED Signage At AFL Stadiums
  • Marketing
  • Technology

MKTG Integrates Telstra Tracker Data With LED Signage At AFL Stadiums

For the first time ever, AFL spectators will be able to view real-time Telstra Tracker player data via in-stadium LED signage, thanks to the combined efforts of Telstra, Champion Data and MKTG. By integrating the Telstra Tracker data into the LED signage at the MCG and Etihad Stadium, fans will receive contextually relevant information from […]

Westfield Shows Off New Visual Identity In Line With Fresh Digital Offering
  • Marketing

Westfield Shows Off New Visual Identity In Line With Fresh Digital Offering

Scentre Group has unveiled a new brand look and feel coinciding with the re-launch of the Westfield.com.au and Westfield.co.nz sites. This digital-first visual identity sees a shift towards creating a more contemporary, invigorated and colourful brand, reflective of Westfield’s in-centre experience. The iconic Westfield logo will continue to lead brand communications, supported with a new […]

The Age Of The Ephemeral: Why Experiential Marketing Is Compulsory This Year
  • Marketing
  • Opinion

The Age Of The Ephemeral: Why Experiential Marketing Is Compulsory This Year

In this guest post, Keep Left’s head of consumer engagement, Johanna Murray (pictured below), explains the merits of experiential marketing, as well as sharing some tips on how to do it – and do it well. Humans love to label things – especially intangible things, like time. We like eras and ages and eons because they […]

Opinion

by B&T Magazine

B&T Magazine
The Top Social Media Marketing Trends For 2018
  • Advertising
  • Marketing
  • Technology

The Top Social Media Marketing Trends For 2018

This trends report is a must-read for all marketers, although it contains no news on the return of the bubble perm.

by B&T Magazine

B&T Magazine
How To Give And Take Feedback At Work
  • Opinion

How To Give And Take Feedback At Work

Georgia Murch (pictured below) is an expert in creating feedback cultures and author of Feedback Flow; The Ultimate Illustrated Guide to Embed Change in 90 Days. In this guest post, Murch offers her tips on giving (and receiving) feedback from colleagues without botching it up… We all know that feedback matters.  Most of us want the good, the bad and the […]

Opinion

by B&T Magazine

B&T Magazine
Dentsu X Expands Operations To Sydney
  • Advertising
  • Media

Dentsu X Expands Operations To Sydney

Have you completely forgotten what Sydney looks like? Well, thankfully this story comes with a handy pictorial reminder.

SBS Radio Introduces Three 24-Hour Digital Radio Stations On Digital TV
  • Media

SBS Radio Introduces Three 24-Hour Digital Radio Stations On Digital TV

SBS Radio has announced two new digital radio stations – SBS PopAsia, SBS PopDesi and a refresh of SBS Radio 3 – is now available on digital TV. SBS Radio 3 will broadcast world news and current affairs from the BBC World Service (previously airing on SBS Radio 4 on digital radio) and special events […]

Champion Launches Music Platform Championing Emerging Aussie Artists Via Emotive
  • Campaigns
  • Marketing

Champion Launches Music Platform Championing Emerging Aussie Artists Via Emotive

For its first Australian campaign, Champion has partnered with creative and content agency Emotive to launch a music program titled ‘Revealed’. The program champions emerging Australian artists by intimately telling their story through video, and providing funding and creative support to create world class music videos for new release music. The first Revealed artist is […]

Delacon Launches Call Analytics In India
  • Marketing

Delacon Launches Call Analytics In India

Australian-owned call analytics provider Delacon has continued its international expansion, opening an innovation centre in India to service local and global partners, and develop the next generation of call tracking and analytics solutions. The office in Chennai is the eighth for the Sydney-headquartered business, which enables brands and agencies to optimise marketing campaigns by accurately […]

Protein To Handle Retail Roll-Out Of Recycling Initiative Return-It
  • Marketing

Protein To Handle Retail Roll-Out Of Recycling Initiative Return-It

Sydney brand and digital agency Protein has been appointed to handle the retail and digital roll-out of recycling company Return-It, which has just been announced as the container collection network for the ACT. Return-It awarded the work to the 17-year strong agency, following Protein’s tender support and brand development of the retail concept. The public-facing […]

Why We Need To Talk More About Failure
  • Opinion

Why We Need To Talk More About Failure

This is an excellent article about celebrating failure. Although, admittedly, we failed to get to the very end of it.

Opinion

by B&T Magazine

B&T Magazine
Women In Media Profile: Kimmie Neidhardt
  • Media

Women In Media Profile: Kimmie Neidhardt

Kimmie Neidhardt doesn't just have a very cool name, as you'll read here. There's a good head on those shoulders, too.

by B&T Magazine

B&T Magazine
SCA Promotes Nathan Soulsby To Head Of TV Sales For Sydney
  • Advertising
  • Media

SCA Promotes Nathan Soulsby To Head Of TV Sales For Sydney

Southern Cross Austereo (SCA) has announced the promotion of Nathan Soulsby to head of TV sales for Sydney. The announcement comes after Kristen Budd’s move to general manager of SCA’s Central Coast office. Caretaking the role during Budd’s maternity leave, Soulsby has been a key contributor to the consistent share and revenue growth that has […]

Columbus, A Merkle Company Announces Client Wins & Senior Appointments
  • Marketing

Columbus, A Merkle Company Announces Client Wins & Senior Appointments

Following the launch of Merkle in the Australian market in March, Columbus, a Merkle Company has secured nine new clients in three months, including Macquarie University, Event Hospitality & Entertainment Limited and Hipages. Columbus has also appointed two group business directors in the Victorian market, with Leonie Dawkins (pictured above, left) and Guy McGechan (pictured […]

Black woman in handcuffs
  • Media

Adland Industry Leaders To Be Locked Up In Prison To Help Aussie Youth

Over sixty senior leaders from the media, marketing, tech and creative industry will spend the night in jail as part of UnLtd’s Adland Bail Out, to raise funds for Whitelion. The ‘inmates’ will be handing over their mobile phones and putting on their prison overalls to brave a night in the chilling cells of Yasmar […]

JCDecaux Partners With Seedooh To Verify OOH Campaigns
  • Advertising
  • Media

JCDecaux Partners With Seedooh To Verify OOH Campaigns

Global out-of-home (OOH) advertising giant JCDecaux has announced a partnership with independent tech platform Seedooh to offer advertisers greater transparency for campaigns. Under the agreement, Seedooh’s reporting and verification platform will be integrated into JCDecaux’s system to create an independent campaign delivery reporting function that works seamlessly within the end-to-end campaign delivery processes. It will […]

Innovation: The Foundation Of Marketing & Sales Collaboration
  • Marketing
  • Opinion

Innovation: The Foundation Of Marketing & Sales Collaboration

In this opinion piece, Seismic’s managing director for Australia and New Zealand, Andy Pattinson (pictured below), explains how marketers can work smarter and why collaboration is vital in delivering return on investment. Demand for marketing roles is growing, as marketers continue to learn more about what customers want. The marketing agenda is increasingly being tied in […]

Opinion

by B&T Magazine

B&T Magazine
Roll’d Enlists Impress!ve Digital Ahead Of Franchise & Catering Push
  • Marketing

Roll’d Enlists Impress!ve Digital Ahead Of Franchise & Catering Push

Aussie food franchise Roll’d has announced it has signed on Melbourne digital marketing agency Impress!ve Digital to support its digital marketing. The partnership has already begun, with Impress!ve Digital aiming to significantly boost the company’s revenue through digital marketing strategies that are directly linked to return on investment and franchise acquisition. Impress!ve Digital has been […]

Yippee! More Photos from the 30 Under 30 Awards!
  • Advertising
  • Marketing
  • Media
  • Technology

Yippee! More Photos from the 30 Under 30 Awards!

If you think B&T simply runs these photo gallery stories so you can gawk at young, attractive people, you'd be right.

by B&T Magazine

B&T Magazine