Controversial new laws that force internet service providers and telecommunications carriers to retain customer metadata for at least two years came into effect on Tuesday.
The laws, which passed both houses of parliament earlier this year, are part of a series of federal government national-security measures.
This includes incoming and outgoing caller identification, as well as the durations, times and dates of calls.
Assistant Professor of Law at the University of Canberra Professor Bruce Baer Arnold specialises in privacy and surveillance law.
He said while the content of the communications will not be stored, authorities will have access to a range of other personal information.
"The police, ASIO and a range of other agencies will have warrantless access to basically intimate information to who you’re calling, where you're calling from, who you're calling to," Assistant Professor Arnold said.
“They won't have access to the content of that information but they'll be able to come up with a fairly good idea of what you're talking about."
Attorney-General George Brandis, the driving force behind the legislation, maintained it is an important tool in national security investigations.
“Metadata is the basic building block in nearly every counter-terrorism, counter-espionage and organised and major crime investigation,” Mr Brandis said in a statement.
Professor Arnold argued the law could help catch a criminal after the act but is unlikely to prevent or predict crime.
"It won't catch the so-called lone wolf terrorists and it won't catch people who act on their own," Professor Arnold said.
“It may have some use retrospectively, on a forensic basis, but in terms of prediction and in terms of prevention, almost certainly no."
Legislation unnecessary, say Greens
Greens Senator Scott Ludlam has been a vocal opponent of the legislation all along and remains so.
He told SBS it’s not necessary.
"We didn't need it, it’s regulatory overkill, it's hurting industry. And it effectively amounts to a taxpayer-funded dragnet that we really could have done without," Senator Ludlam said.
Internet and phone companies have had the past six months to plan how they will comply with the law but can apply for an extension of up to 18 months.
A Telstra spokesman told SBS, after submitting a Data Retention Implementation Plan to the Attorney-General's Department, the company now has 18 months to become compliant with the law.
"We continue to discuss the funding for this program with the Government and other stakeholders and we are hopeful that there will be a sensible solution that does not impact on our customers or shareholders," Telstra said in a statement.
But Senator Ludlam’s concern is for the smaller telecommunication companies.
"The telecommunications industry has been telling us for months that this may drive some of them out of business, particularly at the smaller and more diverse end of the industry," Senator Ludlam said.
“They don't have deep pockets. They were not even sure what it is the government wants or why they want it. So I think we will see an increase in cost and we will probably see some companies go out of business."
But Attorney General George Brandis told the ABC’s AM programme, the laws have been thoroughly discussed with the industry.
"I think the obligation is expressed very clearly in the legislation. If there is confusion among some members of the industry then I suspect that's a question better directed to them."
He said there will be support for the smaller internet service providers.
"The Government is supporting the industry to the tune of $131 million to assist it, and to assist industry participants to adjust their work practices - their business practices to be compliant with the legislation," he said.
Towards Big Brother?
Professor Arnold expressed fears the law is a step towards a big brother state.
"There will be concerns that certainly a range of government agencies will be tracking them, potentially they can be concerned that non-government agencies will track them,” Assistant Professor Arnold said.
He said there is also a threat the stored material could be leaked.
“They may well be concerned, that given ISP’s, phone companies will be storing two years' worth of traffic records, that information will be hacked."
Software developer and privacy advocate Robin Doherty said privacy issues were important, and didn't agree with former Prime Minister Tony Abbott, who in early 2015 said: “those with nothing to hide have nothing to fear”.
Privacy was a concern for all Australians, Mr Doherty said.
“I think Edward Snowden said it best when he said, ‘arguing that you don't care about the right to privacy because you have nothing to hide is no different than saying you don't care about free speech because you have nothing to say’,” he said.
“Right now, just because you can’t see how your privacy is important, doesn’t mean it won’t be important later.”
