A new report into Australia’s mandatory data retention regime recommends the Government implement a number of changes aimed to increasing transparency.

Media release issue date: Wednesday, 28 October 2020

A new report into Australia’s mandatory data retention regime recommends the Government implement a number of changes aimed to increasing transparency. Andrew Hastie, Chair of the Parliament’s Intelligence and Security Committee, says the report’s 22 recommendations increase transparency around the use of the mandatory data retention and increase the threshold for when data can be accessed. In addition, the committee make recommendations that reduce the currently very broad access to telecommunications data under the Telecommunications Act. ‘Our recommendations are aimed at improving mandatory data retention in a way that does not have a great effect on law enforcement and ASIO’s ability to do their very important work,’ Mr Hastie said. ‘Importantly, the committee has not recommended any change to the existing two year period of data retention.’ The report’s 22 recommendations include: access to data kept under the mandatory data retention regime will only be available under specific circumstances the Department of Home Affairs develop guidelines for data collection including an ability for enforcement agencies and Home Affairs to produce reports to oversight agencies or Parliament when requested the repeal of section 280(1)(b) of the Telecommunications Act which allows for access where ‘disclosure or use is required or authorised by or under law.’ It is the broad language in this subsection that has allowed the access that concerned the committee Mr Hastie added that the review, conducted in accordance with Section 187N of the Telecommunications (Interception and Access) Act 1979, is the seventh full inquiry the Intelligence and Security Committee has completed in 2020. ‘Despite the challenges of 2020 I am pleased with the high volume of work completed by the committee,’ Mr Hastie said. ‘As the security environment continues to change, the scope and the role of the committee has expanded, as has the workload. I look forward in particular to the publication of the Richardson review, which will shape the framework of both the Australian intelligence community and its oversight bodies, including this committee.’ The full report can be read or downloaded from the committee’s website. Media inquiries: Chair, Mr Andrew Hastie MP (Canning, WA) (08) 9534 8044 (Electorate office) (02) 6277 4223 (Parliament House) For background information: Committee Secretariat Parliamentary Joint Committee on Intelligence and Security (02) 6277 2360 pjcis@aph.gov.au

The Parliamentary Joint Committee on Intelligence and Security has completed its review of the mandatory data retention regime, and is now working on its report.

Media release issue date: Wednesday, 15 April 2020

The Parliamentary Joint Committee on Intelligence and Security has completed its Review of the mandatory data retention regime, and is now working on its report. The Chair, Mr Andrew Hastie MP, said ‘The Committee has received considerable evidence from submitters and witnesses regarding the effectiveness of the mandatory data retention regime. This marks the completion of the Committee’s review and the Committee’s attention now turns to preparing a bipartisan report which delivers tangible ideas for reform and consideration. The Committee expects to table the report by the end of July.’ The Deputy Chair, Hon Anthony Byrne MP, said ‘The Committee is grateful for the evidence received and will complete the task of drafting a report that will set out some of the major concerns with the regime and access to data under the Telecommunications Act 1997 as well as recommendations to government addressing these concerns.’ Section 187N of the Telecommunications (Interception and Access) Act 1979 provides for the completion of the review by 13 April 2020. Further information on the inquiry can be obtained from the Committee’s website. Media inquiries: Chair, Mr Andrew Hastie MP (Canning, WA) on (08) 9534 8044 (Electorate office) or (02) 6277 4223 (Parliament House) Deputy Chair, Hon Anthony Byrne MP (Holt, Vic) on (03) 9796 7533 (Electorate office) or (02) 6277 4309 (Parliament House) For background information: Committee Secretariat, Parliamentary Joint Committee on Intelligence and Security, (02) 6277 2360 or pjcis@aph.gov.au.

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) will hold a public hearing for its Review of the mandatory data retention regime.

Media release issue date: Thursday, 27 February 2020

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) will hold a public hearing for its Review of the mandatory data retention regime. Public hearing details Date: 28 February 2020 Time: 8.30 am – 4.30 pm Location: Committee Room 2R1, Parliament House, Canberra A full program for the hearing can be found here. The Chair, Mr Andrew Hastie MP, said ‘This hearing will allow the Committee to hear from key users of data retained under the meta data retention regime. Hearing from Home Affairs, ASIO and law enforcement on the mandatory data retention regime will allow the Committee to explore the sensitive issues around the use of telecommunications data. The mandatory data retention regime is the legislative framework which requires carriers, carriage service providers and internet service providers to retain a defined set of telecommunications data for two years, ensuring that such data remains available for law enforcement and national security investigations Further information on the inquiry can be obtained from the Committee’s website. Media inquiries: Chair, Mr Andrew Hastie MP (Canning, WA) on 08 9534 8044 (Electorate office) or (02) 6277 4223 (Parliament House) For background information: Committee Secretariat, Parliamentary Joint Committee on Intelligence and Security, (02) 6277 2360 or pjcis@aph.gov.au.

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) will hold a public hearing for its Review of the mandatory data retention regime.

Media release issue date: Thursday, 13 February 2020

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) will hold a public hearing for its Review of the mandatory data retention regime. Public hearing details Date: 14 February 2020 Time: 8.30 am – 12.20 pm Location: Committee Room 2R1, Parliament House, Canberra A full program for the hearing can be found here. The Chair, Mr Andrew Hastie MP, said ‘This hearing will allow the Committee to hear from further interested civil society stakeholders as well as the communications industry peak body on the mandatory data retention regime. We will consider these issues closely and carefully.’ The mandatory data retention regime is the legislative framework which requires carriers, carriage service providers and internet service providers to retain a defined set of telecommunications data for two years, ensuring that such data remains available for law enforcement and national security investigations Further information on the inquiry can be obtained from the Committee’s website. Media inquiries Chair, Mr Andrew Hastie MP (Canning, WA) on 08 9534 8044 (Electorate office) or (02) 6277 4223 (Parliament House) For background information Committee Secretariat, Parliamentary Joint Committee on Intelligence and Security, (02) 6277 2360 or pjcis@aph.gov.au