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Telecommunications (Interception Capability and Security) Act 2013

Preliminary provisions - General

3AB: Meaning of traffic data

You could also call this:

"What is traffic data in phone calls and messages?"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

When you make a phone call or send a message, information is created. This information is called traffic data. It includes details like the type of message, where it came from, and when it was sent. You might wonder what traffic data includes. It includes the path the message took, the time and date it was sent, and how long it lasted. It also includes the size of any files sent with the message. Traffic data does not include the actual content of the message. It only includes information about the message, like where it came from and where it went. For example, if you send an email, the traffic data would include the email address you sent it from and the email address you sent it to. When we talk about the origin of a message, we mean the number or address it came from. If you send a message from your mobile phone, the origin would include the point where your message first entered a network. The destination of a message is the number or address it was sent to. In this context, a number can be a phone number, a unique identifier for your device, or even an email address. It is any code or address used to identify where a message comes from or where it is going.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1525258.

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Part 1Preliminary provisions
General

3ABMeaning of traffic data

  1. In this Act, traffic data, in relation to a telecommunication,—

  2. means information that is generated as a result of the making of the telecommunication (whether or not the telecommunication is sent or received successfully) and that identifies all or any of the following, as applicable to the telecommunication:
    1. the nature of the telecommunication (including, for example, email and instant messaging):
      1. the path of the telecommunication, including (for example) the origin, direction, and destination of the telecommunication and, if the telecommunication is diverted from one number to another number, those numbers:
        1. the time at which, and date on which, the telecommunication is sent:
          1. the duration of the telecommunication:
            1. the termination of the telecommunication:
              1. the size of any data or files transmitted by way of the telecommunication; but
              2. excludes the content of the telecommunication.

                1. In subsection (1),—

                2. a reference to information identifying the origin of a telecommunication is a reference to information identifying—
                  1. the number from which the telecommunication originates; and
                    1. if the telecommunication is generated from a mobile telephone, the point at which the telecommunication first enters a network; and
                    2. a reference to information identifying the destination of a telecommunication is a reference to information identifying the number to which the telecommunication is sent.

                      1. In subsection (2), number, in relation to a telecommunication, means the number, identifier, or address used by a network operator or a service provider for the purposes of—

                      2. identifying the origin of the telecommunication; and
                        1. directing the telecommunication to its intended destination.

                            1. Examples

                            Examples of a number, as defined, include the following:

                            • a telephone number:

                            • a mobile telephone number:

                            • a unique identifier for a telecommunication device (for example, an electronic serial number or a Media Access Control address):

                            • a user account identifier:

                            • an Internet Protocol address:

                            • an email address.

                          Notes
                          • Section 3AB: inserted, on , by section 50 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).