Labor rethinks support for data retention Bill

Internet Australia and Electronic Frontiers Australia have welcomed a decision to rethink their support for the mandatory data retention legislation which passed in March.

Labor’s National Congress has passed an amendment to review the Data Retention Act following internal conflicts over the party’s support for the Bill.

“Labor wants to ensure that the types of agencies with access to the data and purposes for which the data is available are appropriate,” the amendment stated.

“We want to ensure that the current warrants scheme and the threshold conditions on warrantless access are appropriate and that freedom of the press is protected.”

NSW Labor MP Jo Haylen told Fairfax Media that there are concerns that the current metadata retention Bill does not strike the proper balance between privacy and security.

Internet Australia CEO Laurie Patton applauded the move to review the legislation, highlighting concerns over the number of agencies authorised to access the data and the threat to personal privacy rights that the legislation poses.

“Internet Australia told a parliamentary inquiry that the drafting of the Bill was flawed. As it turned out this has proved to be correct. Our ISP members are so unsure about their obligations under the Data Retention Act that we expect many will need to ask for more time to comply,” he said.

“Unfortunately, Internet Australia and other relevant peak bodies were not consulted by the government. This meant that the departmental lawyers charged with drafting this controversial legislation simply did not have sufficient understanding of its implications.”

Electronic Frontiers Australia Chair David Cake added that his organisation remains committed to rolling back the worst aspects of the legislation, including the “unjustifiably long” two-year retention period and the routine collection of mobile location data.

“It’s reassuring to see that within the wider ALP there remains an understanding of the importance of meaningful protections for individual privacy, and for the protection of whistle-blowers and other journalists’ sources,” he said.

“It's unfortunate, however, that the party leadership chose to allow this badly flawed legislation to pass the parliament despite these concerns. EFA looks forward to the opportunity to participate in a review of this legislation, should the ALP form government after the next election.”

Labor helped the data retention Bill pass through parliament after securing amendments including limits on the number of agencies that can access the data and specific protections for journalists and their sources. But the party has now decided that these safeguards were not adequate.

Image courtesy of Tim Simpson under CC