David Leyonhjelm (NSW, Liberal Democratic Party) Share this | Hansard source

I withdraw LDP amendments (5) and (6) on sheet 7661. I move amendment (7) on sheet 7661:

(7) Schedule 1, item 1, page 11 (after line 5), after section 187C, insert:

187CA Information or documents must be kept in Australia

     A service provider must take all reasonable steps to ensure that information or a document that the provider must keep under section 187A is:

  (a) kept in Australia; and

  (b) kept by a body incorporated, owned and operated in Australia.

The rationale for this amendment is widespread industry disquiet that sensitive, personal information will be stored offshore in jurisdictions with more flexible approaches to privacy and security. My party, the Liberal Democrats, dislikes protectionism of any sort, and it is a sign of how bad this bill is that I have even considered an amendment of this kind. But it probably is in the national interest not to have all our personal data bundled up and stored somewhere else overseas, very likely in China because that is where it is cheaper. It would be a honeypot for not just our own intrusive snoops and bullies but everyone else's as well.

Of course, I recognise that corporate ownership can be quite complicated and very difficult to ascertain, and companies will often subcontract out. That is why I have included a requirement that the service provider 'take all reasonable steps'. This will go some way towards mitigating some of these issues. For example, it would ensure that, if a service provider's contracted data storage provider were to subcontract to a provider outside of Australia without the service provider's consent or knowledge, the service provider could not be penalised for it.