[AusNOG] DR access for civil litigants, here it comes

[Noel Butler]

I'm sure this will surprise no one here... 

https://www.ag.gov.au/Consultations/Pages/Access-to-telecommunications-data-in-civil-proceedings.aspx

ACCESS TO TELECOMMUNICATIONS DATA IN CIVIL PROCEEDINGS

Submissions close on Friday, 13 January 2017 

The Attorney-General's Department is inviting submissions to support a
review by the Minister for Communications and the Attorney-General into
access to telecommunications data in civil proceedings.  

The Parliamentary Joint Committee on Intelligence and Security Advisory
report on the Telecommunications (Interception and Access) Amendment
(Data Retention) Bill 2014 [1], recommended that civil litigants be
prohibited from being able to access telecommunications data held by a
service provider solely for the purpose of complying with the mandatory
data retention regime.  

The committee considered that as the data retention regime was
established specifically for law enforcement and national security
purposes, as a general principle it would be inappropriate for data
retained under the scheme to be drawn on as a new source of evidence in
civil proceedings.  

However, the committee also indicated that it was aware of the potential
for unintended consequences resulting from a prohibition on courts
authorising access to data retained under the scheme and recommended
that the Minister for Communications and the Attorney-General review
this measure. 

Consequently, section 280 of the _Telecommunications Act 1997_ was
amended such that data retained solely for the purposes of the data
retention scheme cannot be used for civil proceedings. That prohibition
commences on 13 April 2017. The provision includes a regulation making
power to enable appropriate exceptions to be made..... 

--
Kind Regard, 

Noel Butler 

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Links:
------
[1]
http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/Data_Retention/Report
[2] http://www.adobe.com/
[3] http://en.wikipedia.org/wiki/OpenDocument
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