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NSW Public WiFi Regulations for Cafes?

Discussion in 'Other/General Law Forum' started by Trevor Simpson, 24 August 2015.

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  1. Trevor Simpson

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    Do I have to collect and store details from the users? Or can I just let customers connect to the WiFi and the internet?
     
  2. Tim W

    Tim W Lawyer

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    Who says you have to?

    You may however choose to do so as a matter of prudent business practice.

    For example, you may simply want to track and identify users who over-use your service
    (such as those who download stuff en masse using your data volume),
    or who do so for unlawful purposes - anything from downloading infringing copies of TV shows,
    to publishing hate blogs, all the way to distributing criminal content.

    You might also want to analyse and compare internet a customer's internet use
    to their in-store spend.
    For example, you might choose to use software to offer a different level of service
    to the users who buy one latte, but still sit on your wi-fi all day,
    compared to the guys who spend (say) $20 or$50 or even $100 a day,
    sometimes over two full meals and numerous coffees.
     
  3. Trevor Simpson

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    Thanks for your reply Tim,
    I know in some countries there is regulatory legislation that means you have to track the users, but this does not seem to be the case in Australia.
     
  4. Rod

    Rod Well-Known Member

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    I can't remember the rules around wi-fi connections wrt the new data retention laws brought in a month or 3 ago by the Liberals and supported by Labor. This law says you need to retain data for 2 years. Just check to see if your service qualifies (offering Internet access to consumers). I suspect you don't have to worry but worth a call for peace of mind.

    Contact the Office of the CAC (Communications Access Co-ordinator) by phone on (02) 6141 2884. They are part of the Federal Attorney-Generals Dept and are supposed to know the answer. Good luck!

    FYI many ISPs are not sure what is and isn't covered and neither is the government. Real mess :( No privacy online from the Government. If they want your 'metadata' they'll just tell the ISP to hand it over.
     

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