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Annual disclosures report for telco providers

When you provide a telco service, you must protect your customers' information and details. If you share their information, you must keep a record of the disclosure and report to us.

Annual disclosures report: due by 31 August
 

All telcos must report to the ACMA on the number of disclosures made in 2023–24 under the provisions in Part 13 of the Telecommunications Act 1997. See below for the online form.

About disclosure

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.

When you can disclose

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

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.

How to complete the disclosures report

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.
You must complete this form by Thursday 31 August 2024. We must report this information to the Minister under the ACMA Act.

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