Michael Keenan (Stirling, Liberal Party, Minister for Justice) Share this | Hansard source

I thought I had made it relatively clear that ASIO is required to—and do as they go about their business—take into account that they only should be accessing information that is relevant to their inquiry. Under section 25A the test for the Attorney-General to actually issue a warrant to access data that is held on a computer is not going to change. The Attorney-General must be satisfied that there are reasonable grounds for believing that access by ASIO to data held in a target computer or computers will substantially assist the collection of intelligence in respect of a matter that is important in relation to security.

As is currently the case, ASIO's purpose for using a computer under section 25A must be to access data relevant to a security matter. ASIO may copy any data to which access has been obtained that appears to be relevant to the collection of intelligence. In undertaking its function or obtaining intelligence relevant to security ASIO is required to comply with the Attorney-General's guidelines, which require it to use as little intrusion into individual privacy as is possible but still consistent with the performance of its functions—its function being to protect the Australian community. In the event that the DG of security is satisfied that ASIO has obtained data that is not required for the performance of ASIO's functions or exercise of its powers, that data is destroyed. That is a requirement under the ASIO Act. The Attorney-General can also include appropriate additional conditions and restrictions in the issuing of the warrant.

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