ARTICLE
27 May 2015

Data retention laws in the context of metadata – What does it mean for you?

CG
Coleman Greig Lawyers

Contributor

Coleman Greig is a leading law firm in Sydney, focusing on empowering clients through legal services and value-adding initiatives. With over 95 years of experience, we cater to a wide range of clients from individuals to multinational enterprises. Our flexible work environment and commitment to innovation ensure the best service for our clients. We integrate with the community and strive for excellence in all aspects of our work.
Internet Service Providers and telecommunications companies must now keep your metadata for a minimum period of 2 years.
Australia Media, Telecoms, IT, Entertainment

What is metadata?
If you're using a smart phone, PC, laptop, tablet and other forms of technology you're creating metadata. Essentially, it's your cyber 'footprint' - the information that can identify you and what you're doing.

Recently Australia passed new laws whereby Internet Service Providers and telecommunications companies must keep your metadata for a minimum period of two years.

What does this mean for you?
Details such as the time, date and location of your calls are being tracked, as well as details about internet usage, email addresses and online chat times, dates and identities of those on the chat.

It does not include the content you are communicating about – for example, the body of an SMS, subject and body of emails, Facebook posts and web browsing history.

Why have the laws been introduced?
Similar laws have been introduced in the UK and aim to address increased security threats. Despite this, many people have raised concerns surrounding the invasion of privacy.

Many of us don't realise that metadata could already be accessed by law enforcement agencies – if telecommunications companies had retained it, which was not mandatory. Under the new laws retention is mandatory.

What happens next?
Telecommunications companies are now putting systems in place for data retention. Along with any privacy concerns, there are additional concerns that bills will be hiked with a view to passing on the set up costs to the consumer.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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