Annual disclosures report for telco providers

It is an offence for a telco to use or disclose any customer documents or information that relates to:

• the contents of a communication (delivered or not) that has been carried by carriers and carriage service provider (CSPs) 
• carriage services that carriers and CSPs supply
• the affairs or personal details of another person.

Under Part 13 of the Telecommunications Act 1997, you can face a fine or prison sentence.

You have to protect the confidentiality of information if you are a:

• carrier
• CSP
• internet service provider (ISP)
• number-database operator
• telecommunications contractor
• emergency call person
• public number directory publisher
• research body.

It is also an offence if you fail to keep disclosure records or make incorrect disclosure records.  You may receive a fine or a prison sentence.

In some circumstances, you can legally disclose or use the information you receive. These circumstances are set out in:

• Part 13 of the Telecommunications Act 1997
• Chapter 4 of the Telecommunications (Interception and Access) Act 1979 (TIA Act).

For example, you may disclose information or a document if the disclosure is:

• required or otherwise authorised under a warrant (under the TIA Act) or under law
• made to us, the Australian Consumer and Competition Commission (the ACCC) or the Telecommunications Industry Ombudsman (TIO) to help us carry out our functions
• made to deal with calls to emergency service numbers
• reasonably necessary (or the information is reasonably necessary) to prevent or reduce a serious and imminent threat to the life or health of a person
• made for maritime purposes, to preserve life or locate a vessel at sea
• made with the knowledge or consent of the person concerned
• reasonably necessary for law enforcement
• reasonably necessary for access to existing information to deal with locating missing persons.

Complete the form with: 

• general information about your organisation
• details of the person authorised to complete the form
• a number for each category. Enter ‘0’ if there were no disclosures for a category.

Reporting has now closed.