The Commonwealth Ombudsman’s annual report of the Telecommunications (Interception and Access) Act found a string of data access problems with some of Australia’s most prominent law enforcement agencies.
In the annual report, it was found that a number of Australia’s law enforcement agencies and anti-corruption bodies were falling behind on their obligations regarding data storage from communications taps when accessing people’s phone data.
The failed obligations include agencies not record-keeping correctly and warrants being issued by ineligible authorities.
As a result, the ombudsman, not satisfied with how the Australian Federal Police adhered to requirements, made two recommendations and 22 suggestions to the agency regarding stored communications from intercepts.
It was also found that Victoria Police had poor record-keeping practices. The agency has told the ombudsman that documents were destroyed in two of its three areas that used telecommunications data power, explaining why it had applied for intercepts after they were sent.
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The Australian Criminal Intelligence Commission was told that there needed to be more work done to show that its officers meet requirements for telecommunications data authorisations.
The ombudsman said the commission had acted on the data authorisation requests with “insufficient information”.
The report also found carriers provided data not authorised for disclosure, with some agencies showing “poor or no data vetting” procedures to ensure it is identified. This meant some agencies received data they were not legally entitled to without realising it.
The ombudsman then discovered a number of issues regarding Journalist Information Warrant controls, designed to protect journalist sources in the public interest while also being able to investigate wrongdoing.
The report suggested that Queensland’s Crime and Corruption Commission should seek legal advice when its requests potentially relate to journalists.
Meanwhile, Tasmania Police was found to have accessed phone data without taking sufficient steps, with the organisation unable to provide records showing it had considered warrant controls before requesting and accessing data.
The Commonwealth Ombudsman’s annual report has been presented in federal parliament this week.
With AAP