A public consultation program on the laws empowering security agencies to collect encrypted information from telecommunications service providers has been launched by the Independent National Security Legislation Monitor (INSLM).
The Monitor was called on to review the law by Parliament’s Joint Committee on Intelligence and Security (PJCIS), the first such referral in the Committee’s history.
Formally announcing the consultation phase the INSLM, James Renwick (pictured), said the laws in question were in the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018.
Dr Renwick said the Act had attracted considerable public attention, both within Australia and internationally.
“Governments around the world are facing increasing challenges posed by ubiquitous encryption that mask a variety of illegal activities,” Dr Renwick said.
“However, public consent to intrusive laws depends on public trust. Equally, the public expect that Agencies will keep them safe, but not exercise powers that are needlessly intrusive.”
He quoted his United Kingdom counterpart, David Anderson who said ‘in an age where trust depends on verification rather than reputation, trust by proxy is not enough, Hence the importance of clear law, fair procedures, rights compliance and transparency’.
Dr Renwick said The PJCIS had requested he specifically consider whether the Act achieved that balance.
“Whether the Act contains appropriate safeguards for protecting the rights of individuals and remains proportionate and necessary,” he said.
“In conducting this review, I will engage closely with industry, civil society and Government Agencies through a variety of consultations, publicly and privately.”
He recognised that industry had legitimate commercial in-confidence concerns and arrangements could be made to preserve those sensitivities.
It has been requested to report back by 1 March 2020.
Submissions will be accepted until 13 September and can be uploaded via the ‘Online Submission Form’ on the INSLM website at this PS News link.
More information about the review can be accessed at this PS News link.
