Data retention as mass surveillance: The need for an evaluative framework

Many governments have been endeavouring to force providers of communications services to gather data about their customers electronic traffic and store that data for lengthy periods of time. The purpose of this is to enable law enforcement agencies to gain access to data when they want it. These initiatives are commonly referred to as data retention measures. This document commences by providing a brief and necessarily superficial presentation of the nature of the proposals and the issues arising from them, primarily from an Australian perspective. However, the primary purpose is not to contribute to the already-substantial literature on data retention. Rather, the paper argues that there is a need for, and a lack of, a body of principles whereby such seriously privacy-threatening proposals can be evaluated.