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On Sat, 2011-01-15 at 13:30 +1100, Nick Brown wrote:
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Afternoon all,
While this is likely better suited for our solicitor I'd very much
appreciate any input from the industry or from those who have had
requests in regards to capture of data for a specific customer from
Police or similar.
It is my understanding that under the Telecommunications Act any such
request must be accompanied with a warrant, however the Surveillance
Devices Act suggests that perhaps this can be overcome should permission
be granted (Our AUP implies explicit permission is granted for us to
comply with any request from a law enforcement agency).
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For Police and ATO, no court orders are needed, the requirement is satisfied if made as a request under section 262 (bugger... is it 263? not had to deal with one for a few years) and it should by signed by an inspector (or above). <BR>
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You are then required to furnish what they ask for, and return it to them in the format they ask for, basic details on a customer is usually email or fax, but live data usually hard disk (and you are entitled to reimbursement for the cost of the hard disk as well). <BR>
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