This inquiry will consider the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014.
The Bill was introduced in the House of Representatives on 30 October 2014. It follows the National Security Legislation Amendment Bill (No.1) and the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 as the Government's third tranche of legislation in response to the current national security threat.
On 21 November 2014, the Attorney-General wrote to Mr Dan Tehan MP referring the Bill to the Parliamentary Joint Committee on Intelligence and Security for inquiry and report. In this letter the Attorney-General notes that the Bill contains measures that will:
- Require entities that supply telecommunications services in Australia to retain certain prescribed telecommunications data for 2 years, subject to appropriate exemptions.
- Introduce an implementation planning regime that allows individual service providers to negotiate a pathway to full compliance over a period of 24 months.
- Limit the range of Commonwealth, State and Territory agencies permitted to access telecommunications data and stored communications to those with a demonstrated need and robust internal procedures to protect privacy and ensure propriety.
- Strengthen the safeguards and oversight regime for these powers.
Also included was the draft data set which details specific types of telecommunications data that telecommunications service providers will be required to retain. The draft data set can be viewed on the Attorney-General's Department's website, at this link. The finalised version of the data set will be made available in due course.