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Australia: ACMA fines Telstra AUD 306,000 for customer safety and privacy violations

On November 29, 2023, the Australian Communications and Media Authority (ACMA) announced that it had imposed a fine of AUD 306,360 (approx. $203,277) on Telstra Corporation Limited (Telstra) for violations of the Telecommunications Act 1997 (the Act) and Industry Code (C555:2020) Integrated Public Number Database (IPND) (IPND Code), following an investigation.

Background 

In September 2022, Telstra informed ACMA that it had identified issues regarding its compliance with the IPND rules. ACMA explained that customer service providers are required to provide customer data to the IPND which is used to help locate people in an emergency, to warn Australians of emergencies, and to assist law enforcement activities.

Findings

Following an investigation, ACMA found that Telstra had violated Section 101(1) of the Act and Clause 4.2.1 of the IPND Code by failing to provide accurate customer information to the IPND on more than 19,000 occasions between October 2010 and August 2022, including around 600 occasions where silent numbers were incorrectly flagged for listing in directory services. Additionally, ACMA determined that Telstra failed to provide over 200 consumers with a copy of their IPND information within 20 days in violation of Clause 6.2.3 of the IPND Code.

Outcomes

In light of the above, ACMA imposed the abovementioned fine on Telstra. In addition to the financial penalty, ACMA accepted a court-enforceable undertaking from Telstra that requires an independent review of Telstra's IPND compliance. 

You can read the press release here, the decision here, and the enforceable undertaking here.

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