Supplementary Submission to Review of the Mandatory Data Retention Regime prescribed by Part 5-1A of the Telecommunications (Interception and Access) Act 1979 (Cth) (‘TIA Act’)

12 Pages Posted: 11 Mar 2020

See all articles by Genna Churches

Genna Churches

University of New South Wales (UNSW), Faculty of Law

Monika Zalnieriute

University of New South Wales (UNSW) - Faculty of Law

Date Written: March 11, 2020

Abstract

This submission seeks to respond to the questions on notice taken during our oral evidence on 14 February 2020 and to respond to issues raised in evidence and supplementary submissions. In principle, we agree that some uniformity of the retention periods across various providers may have been required. However, we take specific issue with the failure to address the proportionality of the scheme. The current regime mandates the retention of a broad data set, accessible by a wide range of organisations with a lack of threshold as to serious crime, and contains no mechanism for prior review such as a warrant. This makes the current regime disproportionate — it is not reasonable and necessary to fulfil the societal objectives of tackling serious crime including terrorism and paedophilia. We note the failure of several safeguards enacted in the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 (Cth).

Keywords: data protection, data privacy, cookies, General Data Protection Regulation, Court of Justice of European Union, EU, data controller, joint data controllership, consent, data processing, Facebook, marketing, data-driven marketing

Suggested Citation

Churches, Genna and Zalnieriute, Monika, Supplementary Submission to Review of the Mandatory Data Retention Regime prescribed by Part 5-1A of the Telecommunications (Interception and Access) Act 1979 (Cth) (‘TIA Act’) (March 11, 2020). UNSW Law Research Paper No. 20-11. Available at SSRN: https://ssrn.com/abstract=3552478 or http://dx.doi.org/10.2139/ssrn.3552478

Genna Churches

University of New South Wales (UNSW), Faculty of Law ( email )

Sydney
Australia

Monika Zalnieriute (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Sydney, New South Wales 2052
Australia

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