[AusNOG] (Abuse of) mandatory data retention information.

[Paul Wilkins]

Ross,
I recall vaguely when this was first posted. I'm sceptical whether AG would
have advised to just hand the data over, as doing so ironically enough
breaches the Data Retention Act:

187BA Ensuring the confidentiality of information
A service provider must protect the confidentiality of information
that, or information in a document that, the service provider must
keep, or cause to be kept, under section 187A by:
(a) encrypting the information; and
(b) protecting the information from unauthorised interference
orunauthorised access.
...
187LA Application of the Privacy Act 1988
(1) The Privacy Act 1988 applies in relation to a service provider, as if
the service provider were an organisation within the meaning of
that Act, to the extent that the activities of the service provider
relate to retained data.

In my non legal, non expert opinion, access to retained data (by ordinary
police, not the intelligence agencies) would be either under or compatible
with the Telecommunications (Interception and Access) Act 1979.

I am not a lawyer. This is not expert opinion.

Kind regards

Paul Wilkins


On 1 May 2018 at 11:28, Ross Wheeler <ausnog at rossw.net> wrote:

>
> <heresay>
> I was recently talking to a guy who had been talking to a guy who works
> for an Australian ISP, and the comment was made that a police officer local
> to the ISP had made a request for information relating to an individual
> (background explained to me was it was during a messy divorce, and
> allegedly by a person known to or related to the officer).
>
> The ISP was dubious about providing the information and contacted the AGs
> department for guidance and was told (again, so I'm informed) that "Give it
> to them, it will be picked up in the Audit process".
>
> Questions that immediately arise from that include:
> * Wasn't there supposed to be a small number of individuals appointed
>   by the commmissioner of police who would be making these requests?
> * I understood that individual officers would not ever be permitted
>   to make these requests anyway.
> * Has anyone ever heard of any audit happening?
> * If there hasn't been, why not?
> * If the information as reported is in fact accurate in all material
>   regards, shouldn't "heads roll"?
> * Where's the accountability, the checks-and-balances citizens were
>   all assured were included in this legislation?
>
> This apparently happened almost a year ago, so saying "Give them time,
> it'll happen" seems unlikely now...
>
> (Who watches the watcher?)
>
> R.
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