The Attorney-General’s Department recently invited submissions on whether data retained under the Data Retention Scheme should be made available to parties to civil proceedings (for example family law cases and copyright infringement cases).
ACCAN’s submission includes a number of reasons why this information should not be made available in civil cases, including that:
- the purpose of the data retention legislation is for law enforcement and national security, not for civil matters;
- costs might be passed on to consumers; and
- a mandatory data breach notification scheme still has not been introduced.
In addition ACCAN recommended that the Government should look into creating a privacy right so that people can sue if their privacy is breached.