[AusNOG] Law Enforcement requests for data

[Bradley Falzon]

IANAL

http://www.acma.gov.au/scripts/nc.dll?WEB/STANDARD/1001/pc=PC_1790#5

"What is the difference between disclosure authorised by a warrant and
a certified disclosure?"

A certified disclosure of documents or customer information does not
result from the exercise of a judicial or court function. A certified
disclosure involves a certificate issued by an enforcement agency
which must satisfy certain requirements (see below under the heading
"What does a certificate look like?")

---

Perhaps also the Telecommunications Interception Act is what the
request is authorised under, the request should have all of this
detailed with names of obtaining officer, authorised officer and which
sections they are claiming ? Most lawful agencies have a division of
the department which specifically handles these types of requests -
perhaps the officer is trying to bypass this step ?

Speak to your solicitor, but if it's general customer information
request, they'll quote which act and section they are trying to
enforce, have a quick look at that section and the references and it's
usually pretty clear you have permission to disclose the information.

On Sat, Jan 15, 2011 at 1:00 PM, Nick Brown <nick at inticon.net.au> wrote:
> 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).
>
> Thanks in advance.
>
> Cheers
> Nick.
>
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-- 
Bradley Falzon
brad at teambrad.net