Metadata capture begins but information not to be used for civil cases

The Federal Government has abandoned a contentious plan to allow civil litigants the right to access metadata stored by telecommunications companies.

New laws that require companies to keep phone and internet use for two years to allow security agencies to access the data for investigations into serious crimes come into effect today.

The Government had been exploring whether the information held by the companies could also be used in civil cases, such as family law disputes where children are abducted.

This prompted fierce opposition from legal and internet groups who feared it could set a dangerous precedent and compromise privacy.

In a statement, Attorney-General George Brandis said a review by his department found there was "insufficient reason to justify making exceptions to the restrictions imposed by the data retention legislation".

"It is incorrect to say, as some have falsely asserted, that the review was conducted for the purposes of weakening existing restrictions," he said.

Senator Brandis said allowing security agencies to access metadata stored by telecommunication companies was essential for counter-terrorism and counter-espionage investigations.

"It is also essential for investigating child abuse and child pornography offences that are frequently carried out online," he said.

Companies seek extension of grace period

The policy was announced by the Abbott government in 2014 and passed Parliament in March 2015 after the Government was forced to make concessions on whistleblower and other privacy protections.

The deadline for companies to comply with the retention scheme is today, but close to $130 million in grants allocated by the Federal Government to help providers comply with the requirements were not finalised until September last year.

But some telecommunication companies are calling for another grace period to comply with the new laws.

"The resulting timeframe put many service providers under immense pressure to complete the work to enable them to comply with this onerous regime within the deadline," the Communication Alliance's chief executive John Stanton said.

"The Government should acknowledge that these delays have made timely compliance more difficult to achieve."

Mr Stanton said the Attorney-General's Department had been writing to telcos to remind them of the deadline.

"The Attorney-General should publicly commit that no action will be taken post-deadline against any service provider that is genuinely working to comply with the regime, but has been disadvantaged by the slow pace of decision-making," he said.

"Government should focus in the short term on a cooperative approach to helping service providers meet their compliance obligation — rather than purely on enforcement."

In a statement, a spokesman for the Attorney-General's Department said law enforcement agencies had been permitted to access metadata data for decades.

"The Government's data retention legislation simply standardised the type of data telecommunications service providers are required to retain and the length of time they need to keep it," the spokesman said.