news 61 separate departments and agencies around Australia have petitioned the Attorney-General’s Department to gain unwarranted access to Australians’ metadata under the Government’s Data Retention scheme, including minor organisations such as Bankstown City Council and the National Measurement Institute.
The Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2015 passed the Federal Parliament in March 2015. For the first time, it forces Australian telcos and Internet service providers to retain comprehensive records on their customers’ Internet and telephone habits for a period of two years.
Even for major telcos such as Telstra, which were already retaining large amounts of data about their customers, the scheme significantly expands the amount and type of data which will be held compared to the telcos’ previous records.
However, the bill also limits the types of government departments and agencies which are able to access metadata under the scheme. A number of agencies less concerned with serious crime are now no longer to access telecommunications data without warrants, unless the Attorney-General of the day approves their application.
Today, Freedom of Information requests filed by activist Geordie Guy and ZDNet returned a comprehensive list of agencies which had applied to receive accreditation as enforcement agencies under the Telecommunications (Interception and Access) Act, which will give them access to make metadata requests.
The list (available in full in PDF format) contains a number of agencies which were already believed to have applied for the metadata access powers, such as the Australian Taxation Office and the Department of Human Services.
However, it also included a number of government authorities which most would believe had no cause to access telecommunications metadata, such as the National Measurement Institute, Access Canberra (the Department of Treasury and Economic Development), Bankstown City Council, Greyhound Racing Victoria, Harness Racing New South Wales, and the RSPCA.
Four agencies were redacted from the list, as the Attorney-General’s Department believes, ZDNet has reported, that disclosing the names of those agencies would be contrary to the public interest.
Delimiter has contacted Shadow Attorney-General Mark Dreyfus, to ask whether Labor will support any of the agencies gaining data retention powers, and what next steps Labor will take with respect to the issue.
The full list is as follows:
Australian Financial Security Authority
Australian Health Practitioner Regulation Agency
Australian Postal Corporation
Australian Taxation Office
Australian Transaction Reports and Analysis Centre
Civil Aviation Safety Authority
Clean Energy Regulator
Department of Agriculture
Department of Defence (ADFIS and IGD)
Department of the Environment
Department of Foreign Affairs and Trade
Department of Health
Department of Human Services
Department of Social Services
Fair Work Building and Construction
National Measurement Institute
ACT Revenue Office
Access Canberra (Department of Treasury and Economic Development)
Bankstown City Council
Consumer Affairs Victoria
Consumer, Building and Occupational Services Tasmania (Consumer Affairs and Fair Trading — Department of Justice)
Consumer and Business Services (South Australia)
Department of Agriculture, Fisheries and Forestry (Queensland)
Department of Commerce (WA)
Department of Corrective Services (WA)
Department of Environment and Heritage Protection (Qld)
Department of Economic Development, Jobs, Transport & Resources (Fisheries)
Department of Environment Regulation (WA)
Department of Fisheries (WA)
Department of Justice and Regulation (Sheriff of Victoria)
Department of Mines and Petroleum (WA)
Department of Primary Industries (Fisheries) (NSW)
Environment Protection Authority (SA)
Greyhound Racing Victoria
Harness Racing New South Wales
Health Care Complaints Commission (NSW)
Legal Services Board (Vic)
NSW Environment Protection Authority
NSW Fair Trading
Office of Environment & Heritage
Office of Fair Trading (Department of Justice and Attorney-General Office of the Director-General) (Qld)
Office of State Revenue (NSW)
Office of the Racing Integrity Commissioner (Victoria)
Primary Industries and Regions South Australia
Queensland Building and Construction Commission
Racing and Wagering Western Australia
Racing NSW
Racing Queensland
Roads and Maritime Services NSW
RSPCA (Victoria)
State Revenue Office (Victoria)
Taxi Services Commission (Victoria)
RevenueSA (South Australia)
Victorian WorkSafe Authority
Image credit: Parliamentary Broadcasting
Unbelievable that privacy can mean so little to governments (State, local and Federal) that they’d like to sidestep access controls to it en masse. Big Brother is being born before our eyes.
Every politician in Canberra is a blood sucking arsehole who doesn’t give a shit about the Australian people.
LNP – arsehole fucks.
Labor – total shit dickheads.
Greens – ?? Not relevant when LNP fuck plus Labor Fuck team up. ,
You would think they would at least wait another year or 2 when no one is watching to try
Shi… If the RSPCA accessed my wives metadata they would spam my home computer with non stop
“Adopt this poor little puppy right now!” “this kitten needs your adoption!”
I’d come home to a hundred animals!
On the serious side, we knew this was going to happen didn’t we?
So now we wait for a hacker to hack a certain one of these 61 agencies that is less likely to have security set in place and watch out data disappear into the wide web.
Soth
It’s not the hackers I am worried about. I remember a report years ago with the police force when there internal system went live. There was an pic of a model on a car and the number plates got access a lot. So when you upset someone that can have access to your metadata without a warrant what potential damage could be caused.
Taxi Services Commission (Victoria)
Oh great news for Rider sharing drivers. Your metadata and location could be relayed to taxi drivers
National Measurement
Why the fuck do they need access? To measure something?
Queensland Building and Construction Commission
Great my bricklayer has access to my metadata and warrentless access
I had to look up the “National Measurement Institute.” For a moment I imagined a Saturnine clique of elderly gents who were employed to look at my metadata.
“This metadata is truly fit for our penal colony”.
“Yes. The measurement required needs our exact science.”
In reality the “National Measurement Institute” at http://www.measurement.gov.au/Pages/default.aspx needs my metadata. How can I deny them all of my metadata when jaundice demands it: http://www.measurement.gov.au/Pages/Scientists-shine-light-on-jaundice-treatment.aspx
In fact if the National Measurement Institute does not have my metadata Australians everywhere will turn a sickly state of yellow. Such vital national interest! A warrant can not be allowed to obstruct this breakthrough medical science!
I HATE people who dump their rubbish and old furniture in our street. Catching these people and fining them is what Bankstown Council are using the data for. Seems pretty legit to me?
Similarly I imagine the RSPCA are using the data to catch people who are dumping/killing greyhounds and other animals.
http://www.dailytelegraph.com.au/newslocal/south-west/bankstown-council-stands-by-power-to-retrieve-mobile-phone-data/story-fngr8hxh-1226586694976
BANKSTOWN Council is standing by its seldom-used power to retrieve residents’ mobile phone data in the pursuit of illegal dumpers.
Bankstown is one of a number of councils across Australia that has the power, although a council spokesman said it was an “infrequent occurrence”.
Council issued 120 fines for illegal dumping last year, compared with four authorisations for the seizure of telecommunications data, known as metadata.
In 2011, the council was recognised as an enforcement agency under the Telecommunications (Interception and Access) Act 1979.
This allows the council to make authorisations for metadata seizure.
“If required, the council then uses telecommunication data to assist in identifying the (illegal dumping) offenders,” the spokesman said.
However, Australian Privacy Council chairman Roger Clarke said in the media last week he was concerned such powers had been given to local councils.
Bankstown City Council loves you!
Even if you’ve never gone to Bankstown
Your metadata is still just the best
which is why they still need it
to see if you go to Bankstown Beach and bear your breasts
[psst I don’t know if there is a Bankstown Beach.]
You could be coming to Bankstown
In a Combi with Colin Hay
so your metadata is needed
to see if you will bring friends who are gay
Bankstown they need to know your IP addresses
Who knows what you might do
You could someday come to Bankstown
and park your car too long before you are through
Bankstown still loves you
even if you don’t know where it is
You and your metadata
Bankstown knows that you listen to Bucks Fizz
None of those situations you have described need warrantless access to metadata. If Bankstown Council has probable cause to track down people illegally dumping in their area? Let them take it to a court and get a warrant for said metadata.
> I HATE people who dump their rubbish and old furniture in our street. Catching these people and fining them is what Bankstown Council are using the data for. Seems pretty legit to me?
Thanks for your passive conversation
what the concern is warrentless access to data and breech of privacy
“Catching these people and fining them is what Bankstown Council are using the data for. Seems pretty legit to me?”
Absolutely should be warranted. In that they should absolutely require a warrant for that.
Criminal details and their associates are contained within this metadata. Relations are easily tracked and privacy is powerful.
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