IIA submission on Data Retention proposals
The Parliamentary Joint Committee on Intelligence and Security (the Committee) has now authorised and published the Internet Industry Association (IIA) submission on potential reforms to national security legislation.
IIA acknowledges and supports, in principle, the requirement for our law enforcement and intelligence agencies to have the necessary powers and capabilities to respond to threats from all forms of terrorism, serious and organised crime and cyber-crime.
However, IIA believes that a base set of principles should be applied by the Committee in their assessment of the degree of effectiveness to which the proposed reforms will achieve the desired national security outcomes, such as:
- ensuring there is equity between the requirements of the Government, law enforcement agencies, C/CSPs and the privacy of individuals;
- not placing an unreasonable expectation on the telecommunications industry to implement an unnecessary or costly security, reporting and compliance regime;
- providing further clarity on specific data retention requirements [data sets] to fully understand the implications of such requirements, allocation of costs to comply and alignment with the National Privacy Principles under the Privacy Act 1988; and
- not providing Government or law enforcement agencies with an unfettered power to require C/CSPs to provide network information or data without appropriate checks and balances.
“The assessment of these proposed reforms needs to be balanced to also ensure that any implications, including costs, which may be imposed on the telecommunications industry, are fair and reasonable and that the privacy and rights of individuals are protected to the extent that society rightly demands”, said IIA CEO, Peter Lee.
The IIA acknowledges that the Government’s referral to the Committee to consider a package of national security ideas and proposed legislative reforms and the Committee’s subsequent Inquiry are positive steps in that ongoing review process.
“We would encourage the Government to continuing working closely and transparently with affected stakeholders once the Committee has completed the Inquiry to ensure that any recommendations from the Inquiry can be further assessed, before looking to implement any proposed legislative change.”
The interests of Australia’s ongoing security against emerging and evolving threats is best served by working as closely, collaboratively and transparently as possible with the telecommunications sector, law enforcement agencies and the Australian community.
The IIA submission be found here