Media release – Independent reviewer to consider special law enforcement surveillance powers
The Independent National Security Legislation Monitor, Mr Jake Blight, has commenced a review into certain special electronic surveillance powers given to the Australian Federal Police (AFP) and the Australian Criminal Intelligence Commission (ACIC).
The special surveillance powers allow AFP and ACIC to gather intelligence online to identify those who may be involved in criminal networks, to takeover a person’s online account to gather evidence about criminal activity, and to disrupt data to assist in frustrating the commission of relevant offences. This will be the first review of these powers since they were introduced in 2021.
“It is important that these unique and highly intrusive powers operate in a way that only authorises what is necessary and proportionate to combat serious crime”, Mr Blight said.
The review is expected to consider how the powers have actually been used including for which offences and how effective they have been. The Monitor will also consider the impact of the powers on industry and other groups.
“This review will examine how the identify, takeover and disrupt warrants are actually being used and what has been achieved with these special powers”, Mr Blight said.
Arrangements for issuing warrants and safeguards for individual rights will also be examined, this includes how data is retained, used and shared.
“Special surveillance powers need robust safeguards and the review will look at who should be able to issue these warrants and in what circumstances, as well as when data can be shared, retained and used”, Mr Blight said
As with previous reviews, the Monitor is expected to engage with a wide range of stakeholders to inform his understanding of how powers are operating. An issues paper will be released in August to provide further information on the matters under review. Private and public hearings will be held.
Additional information
This is a statutory review required by the Independent National Security Legislation Monitor Act 2010, which requires the Independent National Security Legislation Monitor to commence a review into the operation, effectiveness and implications of the amendments made by Schedules 1, 2 and 3 of the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021. These Schedules provided for three new warrants; network activity warrants, account takeover warrants and data disruption warrants. The powers are due to sunset on 4 September 2026.
The Monitor’s last review was into secrecy offences and recommended significant changes to the Criminal Code Act 1995 to ensure that secrecy offences were proportionate, certain and that there were appropriate protections including for journalists.
The INSLM website has recently been updated and now includes an RSS feed feature. The INSLM now has a LinkedIn page.
Contact:
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