Telco data retention — 2 years (Part 5-1A Telecommunications Act)
Carriers + CSPs must retain telco metadata for 2 years.
Who must comply
Carriers + CSPs.
What triggers it
Operating a telco service.
When due
Continuous.
Evidence required
Data retention compliance documentation; secure storage; access logs; annual reporting.
Max penalty
Civil + criminal penalties under TIA Act
Summary
Part 5-1A of the Telecommunications (Interception and Access) Act 1979 requires carriers + carriage service providers to retain 'telecommunications data' (metadata — not content) for 2 years. Access requires authorisation from designated agencies. Significant cyber-security + privacy obligations attach.
Enforced by
Source legislation
Industries
Topics
Related obligations
- CWLTHComply with Telecommunications Consumer Protections (TCP) CodeTelcos must comply with the binding TCP Code covering credit assessment, billing, complaint handling and unwelcome contact.
- CWLTHComply with the Reducing Scam Calls and Scam SMs Industry CodeCSPs must implement controls to detect, trace and block scam calls and SMs, including SMS Sender ID Register.
- CWLTHComply with Customer Service Guarantee (CSG) for standard phone servicesTelstra + other carriers must meet CSG performance benchmarks for installations + faults.
- CWLTHCustomer Service Guarantee (CSG)Standard telephone service providers face CSG financial penalties for missed connection + repair timeframes.
Frequently asked questions
- Who must comply with Telco data retention — 2 years (Part 5-1A Telecommunications Act)?
- Carriers + CSPs.
- What triggers Telco data retention — 2 years (Part 5-1A Telecommunications Act)?
- Operating a telco service.
- When is Telco data retention — 2 years (Part 5-1A Telecommunications Act) due?
- Continuous.
- What is the maximum penalty for Telco data retention — 2 years (Part 5-1A Telecommunications Act)?
- Civil + criminal penalties under TIA Act
- What evidence is required for Telco data retention — 2 years (Part 5-1A Telecommunications Act)?
- Data retention compliance documentation; secure storage; access logs; annual reporting.
Source: https://www.homeaffairs.gov.au/about-us/our-portfolios/national-security/lawful-access-telecommunications. Rules Mate is not a law firm. Always verify against the live regulator source before acting.