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"We've seen yesterday, the prime minister and the attorney general not even able to agree from one day to the next on what they have said they had agreed in principle about their mandatory data regime," Dreyfus said.
The tribunal noted the highly secretive nature of the communications data regime, saying "it seems difficult to conclude that the use of BCD was foreseeable by the public when it was not explained to parliament".
He claimed 25 grounds of appeal, including, provocatively, that Misc 31's work looked like an attempt to cook up, behind closed doors, a data regime contravening European laws.
"In our response we cite the CJEU's judgment, which makes clear the express mandatory standards for the communications data regime.
The UK must ensure it allows its companies to be either part of the EU data regime or the US, or it can employ rules largely compatible with either or both.
Although what exactly that future data regime might be remains to be seen — and various scenarios were discussed during today's hearing — hence there's further operational uncertainty for businesses in the years ahead.
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But doing so means managing multiple data regimes.
As we wrote in January in our GDPR explainer: "[S]ome US companies might prefer to swallow the hassle and expense of fragmenting their data handling processes… But doing so means managing multiple data regimes.
"The major area of budget growth of interest to MEAA members," Murphy said, "was the allocation of $153.8m over four years to support the implementation of the government's mandatory data retention regime".
The federal government is embarking on a mandatory data retention regime that will force internet and phone companies to store Australians' web, call and location data for two years, giving government agencies warrantless access to this information.
The report called for the government by 2022 to "Establish a comprehensive data protection regime for digital communications that safeguards the privacy, autonomy and choice of individuals and facilitates India's effective participation in the global digital economy".
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