Recommendation 227

The Australian Government has ensured that national security, counter-terrorism and telecommunications interception legislation are subject to strict safeguards, oversight and ongoing review. When introducing new laws into Parliament, the Government must provide a Statement of Compatibility with Human Rights that describes how the laws engage Australia's human rights obligations.

Reviews are conducted by the Parliament of Australia and independent bodies including the Independent National Security Legislation Monitor (INSLM). The Inspector-General of Intelligence and Security reviews Australia's intelligence agencies to ensure the agencies act legally, with propriety and respect to human rights.

The Australian Government's data retention regime includes safeguards, oversight and accountability mechanisms. For example, the regime includes a proportionality test to be considered when seeking the disclosure of telecommunications data. This requires authorised officers to be satisfied on reasonable grounds that the interference with an individual's privacy is justifiable and proportionate with regard to specific factors, for example, the gravity of the conduct involved.

Data retention ensures that a specified range of telecommunications data is available for major investigations, such as cybercrime, counter‑terrorism and child exploitation offences. It prevents telecommunications providers from deleting this critical information purely because it is unnecessary for business purposes.

Industry is obliged to protect and encrypt retained data, which is also subject to the protections provided in the Privacy Act 1988(Cth) and Part 13 of the Telecommunications Act 1997 (Cth).

Further, the Australian Government Ombudsman is a statutory office that has oversight on law‑enforcement agencies' exercise of power under Australia's telecommunications interception legislation. The Ombudsman provides assurance to the public that agencies are using their powers as the Parliament of Australia intended and if not, holds those agencies to account.

Further information on data retention, telecommunications interception and surveillance are available on the Data retention and Telecommunications interception and surveillance pages on the Department of Home Affairs website.

Information about policies and programmes related to national security and counter-terrorism is available on the what Australia is doing page on the Australian National Security website. This website includes advice on both national and state and territory policies and programs.