Matt Thistlethwaite (Kingsford Smith, Australian Labor Party, Shadow Parliamentary Secretary for Foreign Affairs) Share this | Hansard source

When I concluded last night, I was making the point that the Telecommunications (Interception and Access) Amendment (Data Retention) Bill, which we are debating here today, is vastly different and, in my view, superior to the one that was introduced by the Minister for Communications in October last year, and this is principally because of the amendments that the Labor Party has been able to secure through the negotiation process and also the work of the Parliamentary Joint Committee on Intelligence and Security. I would like to go through some of those amendments.

Firstly, this bill now fixes the dataset that agencies can access. The dataset will not be left to later regulation as was proposed in the original bill but will be fixed in the current legislation. It is a vastly superior amendment, and it can only be expanded with the consent of the parliament.

Secondly, the list of agencies that can access the metadata will now be limited. Only those agencies dealing with national security and serious law enforcement will be able to access metadata from ISPs, so we will not have the situation of this legislation authorising local councils and the RSPCA and the like to access people's metadata. The list of agencies is now limited. and that list can only be expanded, once again, with the consent of the parliament. This has tightened up the legislation. Far fewer agencies will be able to access people's metadata under this proposal than is currently the case.

Thirdly, the original bill did not limit data access for civil litigation. The metadata that was accessed by agencies could have been used in civil litigation against customers of ISPs. This amended bill limits the access to serious criminal law enforcement. Also, the original bill provided no right for individuals to access their own metadata. This amended bill, as a result of one of the recommendations of the PJCIS inquiry, does allow people to access their own metadata. This bill implements a mandatory data breach notification system which protects the rights of, and provides information for, customers of ISPs.

The cost is yet to be fully disclosed by the government, although it is estimated that the capital cost of the scheme will be anywhere between $188 million and $300 million. Labor has very, very clearly insisted from the beginning that the cost of this scheme should not be borne by small businesses, households and customers. The cost should not be borne by those individuals. The cost should be borne by the government. Yesterday, in this parliament, we had the next round of the political stunt that is the government's red tape repeal day. If the government is serious about repealing red tape and about reducing costs on small businesses in this country, it will not impose the cost of this scheme on consumers and on small businesses in this country.

Fourthly, the Ombudsman is given an oversight role under this legislation. Originally, the government was proposing that the Ombudsman play this role but without the additional resources to perform what will be an additional task for the office of the Ombudsman. So Labor has secured not only the oversight role of this legislation but also the additional funding for the Ombudsman to perform that role.

Fifthly, I would like to make a point is in respect of freedom of the press and protection of journalists and their sources. This is a principle that Labor sees as very important, fundamental, to the strength of good democracy. The original bill did not propose any protection for journalists and their sources. Labor has recommended amendment of the bill such that a warrant process is put in place to ensure that a judge, an independent judicial officer, makes a decision on whether or not access can be granted to metadata in respect of journalists and their sources. An additional layer of protection of that principle of freedom of the press is something that Labor is serious about. We have insisted that the government, through a further inquiry of the Parliamentary Joint Committee on Intelligence and Security, look at this issue and that the government should amend the bill to ensure that that warrant process is undertaken.

The final point to make is that this is a vastly different bill to the original one that was proposed by the Minister for Communications in October last year. It has gone through a process of careful consideration and investigation by the Parliamentary Joint Committee on Intelligence and Security. Labor has insisted on improvements that guarantee protection of privacy for individuals and protection of freedom of the press. It is on that basis that Labor is offering support for this amended bill.

The new bill and the new law will introduce a better scheme into Australia when it comes to the storing and accessing of metadata, the privacy rights of individuals and who can access that information. There will be more protections for citizens and their privacy, clearly defined datasets, restricted access by government agencies—most notably those involved in investigating serious crime—access to data by citizens in respect of their own metadata and protection for journalists. Importantly, Labor has secured amendments to ensure that the operation of the bill will be reviewed two years after the commencement of the bill.

In conclusion, I am pleased that Labor was able to make such important changes to what is a very important law, and one that has generated quite a bit of interest, not only in my community but also in the wider Australian community. I thank those constituents of Kingsford Smith who have contacted me and given me their views on this very important issue. I appreciate the concerns that have been raised. I have considered those concerns. I have consulted with experts. I have consulted with Labor's representatives on the Parliamentary Joint Committee on Intelligence and Security. I have read the report thoroughly, and it is on that basis that I have made the decision to support this bill. But Labor's job is not done yet. We will maintain a vigilant eye on the content and passage of this bill to ensure that the government is held to its word, and that this law operates in a way that protects the privacy and rights of Australian citizens.

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