The Department of Communications and the Arts and the Attorney-General's Department are reviewing the restriction on civil litigants' access to telecommunications data retained solely to comply with the data retention scheme.

23 December 2016

The Department of Communications and the Arts and the Attorney-General's Department are reviewing the restriction on civil litigants' access to telecommunications data retained solely to comply with the data retention scheme. The review is considering whether this data should be available for civil justice purposes, and if so, in what circumstances. The review is also considering the regulatory burden on the telecommunications industry in responding to these requests, and the privacy of communications.

On 30 November 2016, both Departments wrote to civil justice and privacy stakeholders, providing a consultation paper seeking their feedback on the impact of the restriction on parties to civil proceedings, and whether there are circumstances where it should not apply.

Telecommunications providers have received an update on the public consultation process, and both Departments will continue to engage with industry on this issue.

A link to the consultation paper is available on the Attorney-General's website.