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Will retained metadata be used for civil lawsuits?

Leon Spencer | Dec. 21, 2016
Government calls for industry feedback on proposed provisions to its mandatory data retention regime

"In essence, the legislation is designed to preserve the longstanding power of courts to order access to relevant telecommunications data in civil proceedings while limiting access to data that has been retained solely for the purposes of the data retention scheme," the government said in its consultation paper.

"The Committee's recommendation to include a regulation-making power, which the Government accepted, is designed to mitigate the risk that restricting parties to civil proceedings' access to such data could adversely impact the effective operation of the civil justice system, or the rights or interests of parties to civil proceedings," it said.

Meanwhile, Internet Australia has slammed the government's move to call for submissions over the Christmas period for what the internet user peak body calls a "radical expansion of its controversial data retention scheme".

Internet Australia CEO, Laurie Patton, said that the independent organisation is concerned about the privacy implications of such a move.

"This takes us into uncharted waters when it comes to using communications technology and personal data in court cases involving private individuals and which have nothing necessarily to do with criminality," Laurie said.

Source: ARN

 

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