Divorce data bid sparks concern

ROD CHESTER DIVORCE lawyers could gain access to the web, phone and email sessions of every private user in a scheme that has been slammed as “the most intrusive of any developed country”.

Technology experts and privacy advocates have criticised moves to expand the data retention laws, warning that it will lead to a flood of litigation of people “fishing” for private details and could even put people at risk, making it easier for aggrieved former partners to become stalkers.

Since October 2015, telephone and internet service providers have been required to retain for two years all their clients’ metadata, including voice, text and email communications, time, date and device locations and internet sessions.

The requirement was said to be needed for national security but now the AttorneyGeneral’s department is seeking submissions by January 27 in a review looking to extend access of retained metadata to lawyers acting for clients in civil litigation.

However Fiona McLeod, president of the Law Council of Australia, slammed Australia’s data retention laws as intrusive and confirmed the council would be presenting a submission to the government’s review protesting the changes.

“Sensitive personal data in the wrong hands is extremely dangerous and it can be used to hack, scam and mislead us in all sorts of ways,” she said.

A spokesman for the Attorney-General’s department said the review would examine whether the ban preventing the use of the collected data in civil proceedings should have exceptions such as in family law cases involving violence or child abduction cases.

The NSW Council for Civil Liberties’ Stephen Blanks said the move for feuding partners to be allowed access to data history “exposes the inherent problem with the collection of personal information”.