The Legal Scheme for Mobile Telecommunications Companies and Social Media Platforms to Retain Location Information

Abstract

This Chapter describes the legal framework to retain location information. It starts with a discussion of the key legal and technical concepts used to refer to the types of data to be collected and retained, based on technical description of how the telecommunications network operates. The discussion shows that the legal label placed on the information is crucial, because based on the legal name, the legal powers to access and use it are determined. As such, location information is legally classified as telecommunications data and simply because of this legal classification, does not require a judicial warrantto collect, disclose and use. There are certain types of location information the Australian telecommunications companies are not required to retain. The Telco may therefore retain certain types of location information voluntarily. The chapter also discusses the legal exclusions to the duty to retain location information and critically analyses the negative impact of the discretion granted to the Telco to retain location information voluntarily and for longer periods, for its commercial purposes. This information remains available for the agencies to collect, and thereby has a chilling effect on the exercise of the right to free movement, civil and property rights.