Telecommunications Privacy

The current telecommunications legislative framework balances the need to protect individual privacy and confidentiality, and the public and national interest in relevant agencies gaining access to call data information.

Part 13 of the Telecommunications Act 1997 (the Act) requires carriers, nominated carriage service providers and number database operators to protect the confidentiality of information about communications, carriage services and people. In certain circumstances, information about communications is allowed to be disclosed, such as:

• disclosure of call data to law enforcement agencies where the agency has certified that the disclosure is reasonably necessary for the enforcement of criminal law, the enforcement of a law imposing financial penalties, or the protection of public revenue;
• performance of carrier or carriage service duties, to prevent or lessen a serious and imminent threat to life or health, in calls to emergency service numbers; and
• when disclosure takes place with the knowledge or consent of the person concerned.

The Act also makes it an offence for the secondary disclosure or use of the information if it is not used for the particular purpose for which it was obtained.

Access to call content is regulated by the Telecommunications (Interception) Act 1979, which falls within the responsibilities of the Attorney-General.

Personal Privacy while using Telecommunications Services

The Act contains a number of strong provisions that aim to protect the personal privacy of people using telecommunications services while recognising the needs of law enforcement agencies to conduct investigations into criminal matters. The Act protects personal information such as billing information, call content and customer details. The Act also requires the monitoring of disclosures by the Australian Communications and Media Authority (ACMA) and the Privacy Commissioner as detailed in the monitoring sections below.

A number of options exist for an individual who believes their telecommunications privacy has been breached.

• Australian Communications and Media Authority (ACMA)
  Compliance with the privacy provisions of the Act is a matter for the ACMA which has powers to investigate if it believes there may have been possible breaches of the Act. Further information can be found on the ACMA website.

• Privacy Commissioner
  The purpose of the Office of the Federal Privacy Commissioner is to promote an Australian culture that respects privacy. The Privacy Commissioner has the power to investigate privacy breaches related to the Privacy Act 1988. Further information can be found on the Privacy Commissioner's website.

• Attorney-General's Department
  The Attorney-General's Department is responsible for regulating the Telecommunications (Interception) Act 1979 and government privacy legislation. Specific issues relating to interception can be directed to the Attorney-General's Department. Further information can be found on the Attorney-General's Department website.

The majority of disclosures are simple number-to-name searches. The types of calls data agencies may request in certain circumstances include the identity, source, path and destination of a nominated service. This information may be sourced from:

• customer registration details;
• destination and origin of email addresses;
• calling line identification;
• geographical locations;
• network/traffic related data; and
• log files-such as back up tapes showing details of a subscriber's Internet sessions, including files received.

Monitoring of disclosures by the ACMA and the Privacy Commissioner

Section 308 of the Act requires carriers, carriage service providers and number database operators to produce an annual report for the ACMA detailing what information or documentation during the past financial year was disclosed, the source of the request, justification for the request and when it was requested.

Section 309 of the Act requires the Privacy Commissioner to monitor the arrangements relating to disclosure of information under the Act.

• Document ID: 3836 |
• Last modified: 6 February 2008, 12:26pm