[AusNOG] Fwd: Ten questions about metadata retention

Ross Wheeler ausnog at rossw.net
Thu Aug 7 15:58:15 EST 2014



> If you don't need it, don't even keep it.  No one can ask you for anything
> if you don't have it.

I'm not sure that that's actually completely right.
If they enact legislation that requires you to keep it, even if you don't 
(currently) do so, you will be REQUIRED to do so in the future.

IANAL, so this is my understanding - where they may CURRENTLY come and 
"ask you" for (for example) proxy logs, if you don't keep them, there is 
no requirement to provide them. If you DO have them, but refuse to provide 
them (or destroy them rather than hand them over) - assuming of course you 
have been presented with a suitable legal instrument - then you ARE 
breaking the law.

It's still conjecture as to what they may require, and how they will go 
about enacting any requirements... but I very much doubt your "Oh, we 
don't keep any of that" argument will wash.




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