Telecommunications privacy
Please note that this information is not intended, and should not be construed, as legal advice.
The current telecommunications legislative framework balances the need to protect individual privacy and confidentiality with 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. The Act allows the disclosure of information about communications in certain circumstances, such as:
- to prevent or lessen a serious and imminent threat to life or health when calls are made to emergency service numbers
- 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 purpose for which it was obtained.
Access to call content is regulated by the Telecommunications (Interception and Access) Act 1979, which falls within the responsibilities of the Attorney-General. This Act also contains provisions on the authorised disclosure of telecommunications information for the enforcement of the criminal law, the enforcement of a law imposing a pecuniary penalty or for the protection of the public revenue.
Personal privacy while using telecommunications services
The Act contains a number of provisions to protect the personal privacy of people using telecommunications services while also 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 Office of the Australian Information Commissioner as detailed in the monitoring section below.
A number of options exist for an individual who believes a breach of telecommunications privacy has occurred.
- 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 possible breaches of the Act have occurred. Find further information on the
ACMA website.
- Office of the Australian Information Commissioner
The Office of the Australian Information Commissioner is the national privacy regulator, with the power to investigate breaches related to thePrivacy Act 1988. Further information is available at the website of the Office of the Australian Information Commissioner.
- Attorney-General's Department
The Attorney-General's Department is responsible for regulating the Telecommunications (Interception and Access) Act 1979 and government privacy legislation. Please direct specific issues relating to interception to the Attorney-General's Department, or find further information on theAttorney-General's Department website.
Call data disclosures
The majority of call data disclosures are simple number-to-name searches. Agencies may request call data regarding identity, source, path and destination of nominated service. Sources for this information are:
- customer registration details
- destination and origin of email addresses
- calling line identification
- geographical locations
- network/traffic related data
- log files such as backup tapes showing details of a subscriber's internet sessions, including files received.
Monitoring of disclosures by the ACMA and the Australian Information 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 they have disclosed during the preceding financial year, along with the source of the request, justification for the request and when the request was made.
Section 309 of the Act requires the Australian Information Commissioner to monitor the arrangements relating to disclosure of information under the Act.
