<div dir="ltr"><div>Ross,<br></div>I recall vaguely when this was first posted. I'm sceptical whether AG would have advised to just hand the data over, as doing so ironically enough breaches the Data Retention Act:<br><br><div style="margin-left:40px">187BA Ensuring the confidentiality of information<br>A service provider must protect the confidentiality of information<br>that, or information in a document that, the service provider must<br>keep, or cause to be kept, under section 187A by:<br>(a) encrypting the information; and<br>(b) protecting the information from unauthorised interference orunauthorised access.<br>...<br>187LA Application of the Privacy Act 1988<br>(1) The Privacy Act 1988 applies in relation to a service provider, as if<br>the service provider were an organisation within the meaning of<br>that Act, to the extent that the activities of the service provider<br>relate to retained data.<br><br></div>In my non legal, non expert opinion, access to retained data (by ordinary police, not the intelligence agencies) would be either under or compatible with the Telecommunications (Interception and Access) Act 1979.<br><div><div><div><div><br></div><div>I am not a lawyer. This is not expert opinion.<br></div><div><br></div><div>Kind regards<br><br></div><div>Paul Wilkins<br></div><div><br></div></div></div></div></div><div class="gmail_extra"><br><div class="gmail_quote">On 1 May 2018 at 11:28, Ross Wheeler <span dir="ltr"><<a href="mailto:ausnog@rossw.net" target="_blank">ausnog@rossw.net</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><br>
<heresay><br>
I was recently talking to a guy who had been talking to a guy who works for an Australian ISP, and the comment was made that a police officer local to the ISP had made a request for information relating to an individual (background explained to me was it was during a messy divorce, and allegedly by a person known to or related to the officer).<br>
<br>
The ISP was dubious about providing the information and contacted the AGs department for guidance and was told (again, so I'm informed) that "Give it to them, it will be picked up in the Audit process".<br>
<br>
Questions that immediately arise from that include:<br>
* Wasn't there supposed to be a small number of individuals appointed<br>
by the commmissioner of police who would be making these requests?<br>
* I understood that individual officers would not ever be permitted<br>
to make these requests anyway.<br>
* Has anyone ever heard of any audit happening?<br>
* If there hasn't been, why not?<br>
* If the information as reported is in fact accurate in all material<br>
regards, shouldn't "heads roll"?<br>
* Where's the accountability, the checks-and-balances citizens were<br>
all assured were included in this legislation?<br>
<br>
This apparently happened almost a year ago, so saying "Give them time, it'll happen" seems unlikely now...<br>
<br>
(Who watches the watcher?)<br>
<br>
R.<br>
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