| Type
of Data Disclosure |
Data
Classification |
Authority
for Release |
Any telecommunications data or meta data but not the content or substance of a communication.
It may include:
- Subscriber information (including name, address, date of birth, method of payment and related account transaction details)
- Telephone numbers of the parties involved in the communication
- The date and time of a communication
- The duration of a communication
- Internet Protocol (IP) addresses and Uniform Resource Locators (URLs) to the extent that they do not identify the content of a communication, and
- Location-based information
|
Historic data – telecommunications data
that is already in existence at the time of the request for access to that
data |
TIA Act Section 175(2) Allows ASIO to access existing information or documents. |
TIA Act Section 177 Disclosures by Telstra to an enforcement agency if the disclosure is
reasonably necessary for the enforcement of:
• criminal law; or
• law imposing a
pecuniary penalty or for the protection of public revenue. |
TIA Act Section 178 Allows an authorised officer of an enforcement agency to authorise a reasonably
necessary for the enforcement of the criminal law.
satisfied that the disclosure is reasonably necessary
for the enforcement of the criminal law. |
| TIA
ACT Section 178(A) Allows access to existing information or documents for
locating missing persons |
| TIA
ACT Section 179 Allows an authorised officer of an enforcement agency to
authorise a telecommunications service provider to disclose historical data
if he or she is satisfied that the disclosure is reasonably necessary for the
enforcement of a pecuniary penalty or protection of the public revenue. |
Telco Act Section 280 Authorises disclosure by or under law.
|
Telco Act Section 284 Disclosure of information or document to assist
ACMA, ACCC, TIO, or TUSMA to help them carry out their functions.
|
Telco Act Section 286 Allows access to law enforcement agencies of information or documents because of a call to an emergency service number
(000). |
Telco Act Section 289 Allows for access and disclosure of information or document relating to the affairs or personal particulars of another person and the person is aware of the usual use or disclosure of such or where they have consented in circumstances concerned.
|
| |
Historic and prospective data |
Telco Act Section 287 Allows for access to existing information or documents where reasonable grounds exist or it is reasonably necessary to prevent or lesson a serious threat to the life or health a person
|
Telco Act Section 288 Allows for access to information or document if reasonably necessary for the preservation of human life at sea or if in relation to the location of a vessel at sea and is made for maritime communications purposes.
|
Anything relating to, but not the content or substance of, a communication. It can include:
- Telephone numbers of the parties involved in the communication
- The date and time of a communication
- The duration of a communication
- Internet Protocol (IP) addresses and Uniform Resource Locators (URLs) to the extent that they do not identify the content of a communication, and
- Location-based information
|
Prospective data – telecommunications
data that is collected as it is created and forwarded to the law enforcement
agency in near real time as a result of the request for access to that data |
TIA Act Section 176(2) Allows telecommunications service providers to
disclose information or documents that come into existence during the period
for which the authorisation is in force (prospective telecommunications
data). The authorisation period is 90 days. |
| TIA Act Section 180 Allows an authorised officer of a ‘criminal law-enforcement agency’ to
authorise the disclosure of prospective telecommunications data. In making
the authorisation, the officer must be satisfied that the disclosure is
reasonably necessary for the investigation of a Commonwealth, state or
territory offence punishable by more than 3 years. The authorisation period
is 90 days. |
| Communications and information being
carried over a telecommunications network |
Prospective (real time) communications
and interception information |
Interception Warrants under authority of the TIA Act, received by Telstra, authorising
the Organisation (ASIO) to intercept telecommunications. |
| Interception Warrants under authority of the TIA Act, received by Telstra, authorising Agencies to intercept telecommunications. |
| Stored communications not passing over Telstra's telecommunications network, held on equipment operated by, and in the possession of, Telstra that cannot be accessed on that equipment by a person who is not a party to the communication, without the assistance of Telstra along with some communications data embedded within said communications |
Historic communications and information |
Stored Communications Warrants under authority of the TIA Act, received by Telstra,
authorising access to communications. |
| Telco Act Section 290 Allows for the use and disclosure of information or document or
substance of a communication if in regard to all relevant circumstances, it
might reasonably be expected that the sender and the recipient of the
communication would have consented to the disclosure if they had been made
aware of it. |