Canberra rethinks retention regime on ISP subscriber records

CONTROVERSIAL plans for an Australian data retention regime are being revisited by the federal government.

Attorney-General Robert McClelland

CONTROVERSIAL plans for an Australian data retention regime -- where internet providers would be forced to keep records on all subscribers for possible use by law enforcement agencies -- are being revisited by the federal government.

A year after the government sounded out the industry on mandatory data collection laws, only to spark a privacy debate and a parliamentary inquiry, documents obtained by The Australian under freedom of information laws show the issue is back on the agenda. Such a regime would represent a significant expansion of the government agencies' ability to collect, store and analyse public and private data on citizens.

The government's plans, prompted in part by the European Union Data Retention Directive, are so sensitive officials opted to give in-camera evidence to the committee conducting the inquiry. The committee reported back in April, recommending the government against proceeding with its plans without first conducting a cost-benefit and risk analysis, addressing privacy concerns, quantifying and justifying the expense to service providers, and consulting widely.

On April 19, a departmental briefing note for the federal Attorney-General, Robert McClelland said the proposed regime would be based on the EU model and "development of policy in relation to data retention will be contained within the broader reforms for the telecommunications interception regime. Telecommunications data is information about the process of a communication, as distinct from its content," the brief states.

"It includes information about the identity of the sending and receiving parties and related subscriber details collected by the Carriers and Carriage Service Providers (CSPs) to establish details about a communication.

"Changes in the telecommunications industry have resulted in a decline in the amount of information retained and the period of retention. There are also inconsistencies across industry. This is reducing the practicality of telecommunications data as an investigative tool."

A bill, introduced last month and now the subject of another inquiry, aims to compel CSPs to preserve data for specific persons -- not all subscribers, as would occur under a data retention regime -- at the request of an agency.

A spokesman for Mr McClelland said no decisions had been made about a data retention regime, but promised "an open, transparent and consultative approach in relation to this matter".

"The Attorney-General's Department is considering the merits of comparative data retention proposals to enable security and law enforcement agencies to maintain access to telecommunications information to assist with investigations," he said.

View the FOI documents at: www.theaustralian.com.au/news/investigations/foi