Telecommunications (Interception and Access) Act 1979 | |
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Parliament of Australia | |
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Royal assent | 25 October 1979 [2] |
Status: Amended |
The Telecommunications (Interception and Access) Act 1979 (formerly Telecommunications (Interception) Act 1979, commonly referred as the TIA Act) is an Act of the Parliament of Australia which prohibits the unauthorised interception of communications or access to stored communications, with certain exceptions. [3] The Act was amended by the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015.
Under the 1979 Act, the Australian Security and Intelligence Organization (ASIO) and ‘enforcement agencies’ can access telecommunications data by issuing an internal, or intra-organization, authorization. [4]
During the 2012- 2013 inquiry into Australia’s national security legislation conducted by the Parliamentary Joint Committee on Intelligence and Security (PJCIS), the Attorney General’s Department issued a document detailing what it considered to be telecommunications data. This included "information that allowed a communication to occur", such as the date, time and duration of the communication, the devices involved in the communication and the location of those devices such as mobile phone tower and "information about the parties to the communication", such as their names and addresses. [5]
Section 5 of the Act defines an enforcement agency to include the Australian Federal Police (AFP), the police force of a State or Territory, the Australian Customs and Border Protection Service, crime commissions, anti-corruption bodies and the CrimTrac Agency. The definition also includes an allowance enabling organizations whose remit either involves the administration of law involving a financial penalty or the administration of a law to protect taxation revenue to access telecommunications data.
The head of an enforcement agency, the deputy head of an agency or a management level officer or employee of an agency, given permission in writing by the head of the agency, have the power to authorize access to telecommunications data. For ASIO, authorizations for access to telecommunications data can only be made when individual making that authorization is "satisfied that the disclosure would be in connection with the performance by the Organization of its functions. ASIO must also comply with guidelines issued under Section 8A of the Australian Security Intelligence Organisation Act 1979. These guidelines demand that the initiation and continuation of investigations shall only be authorized by the Director General, or an officer at or above Executive Level 2 authorised by the Director-General for that purpose; and that any means used for obtaining information must be proportionate to the gravity of the threat posed and the probability of its occurrence.
In 2012-13, more than 80 Commonwealth, State and Territory enforcement agencies accessed telecommunications data under the 1979 Act. In that same time period, more than 330,640 authorizations were dispensed allowing access to data. These authorizations resulted in 546,500 disclosures. [6]
On 12 December 2013, the Senate Legal and Constitutional Affairs References Committee began a Comprehensive revision of the Telecommunications (Interception and Access) Act 1979 (the Act), with regard to the recommendations of the Australian Law Reform Commission For Your Information: Australian Privacy Law and Practice report, dated May 2008, particularly recommendation 71.2; and recommendations relating to the Act from the Parliamentary Joint Committee on Intelligence and Security Inquiry into the potential reforms of Australia’s National Security Legislation report, dated May 2013. [7]
Their report was supposed to be tabled 10 June 2014, but on 14 May 2014, the Senate granted an extension of time for reporting until 27 August 2014. [7]
Annual reports are issued on the use of the act by the Australian Government Attorney General's Department.
The Australian Security Intelligence Organisation is Australia's national security agency responsible for the protection of the country and its citizens from espionage, sabotage, acts of foreign interference, politically motivated violence, attacks on the Australian defence system, and terrorism. ASIO is compared to the American FBI and the British MI5. ASIO is part of the Australian Intelligence Community.
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Lawful interception (LI) refers to the facilities in telecommunications and telephone networks that allow law enforcement agencies with court orders or other legal authorization to selectively wiretap individual subscribers. Most countries require licensed telecommunications operators to provide their networks with Legal Interception gateways and nodes for the interception of communications. The interfaces of these gateways have been standardized by telecommunication standardization organizations. As with many law enforcement tools, LI systems may be subverted for illicit purposes.
The Parliamentary Joint Committee on Intelligence and Security (PJCIS) is a joint committee of the Parliament of Australia which oversees Australia's primary agencies of the Australian Intelligence Community: Australian Security Intelligence Organisation (ASIO), the Australian Secret Intelligence Service (ASIS), the Australian Signals Directorate (ASD), the Defence Intelligence Organisation (DIO), the Australian Geospatial-Intelligence Organisation (DIGO), and the Office of National Assessments (ONA).
Data retention defines the policies of persistent data and records management for meeting legal and business data archival requirements. Although sometimes interchangeable, it is not to be confused with the Data Protection Act 1998.
The Australian Intelligence Community (AIC) and the National Intelligence Community (NIC) or National Security Community of the Australian Government are the collectives of statutory intelligence agencies, policy departments, and other government agencies concerned with protecting and advancing the national security and national interests of the Commonwealth of Australia. The intelligence and security agencies of the Australian Government have evolved since the Second World War and the Cold War and saw transformation and expansion during the Global War on Terrorism with military deployments in Afghanistan, Iraq and against ISIS in Syria. Key international and national security issues for the Australian Intelligence Community include terrorism and violent extremism, cybersecurity, transnational crime, the rise of China, and Pacific regional security.
The Australian Security Intelligence Organisation Act 1979 is an Act of the Parliament of Australia which replaced the Australian Security Intelligence Organisation Act 1956, which had established the Australian Security Intelligence Organisation (ASIO) as a statutory body. ASIO is the counter-intelligence and security agency of Australia, which had been established in 1949 by Prime Minister Ben Chifley's Directive for the Establishment and Maintenance of a Security Service under the executive power of the Constitution, under the control of the Director-General of Security and responsible to the Attorney-General.
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The use of electronic surveillance by the United Kingdom grew from the development of signal intelligence and pioneering code breaking during World War II. In the post-war period, the Government Communications Headquarters (GCHQ) was formed and participated in programmes such as the Five Eyes collaboration of English-speaking nations. This focused on intercepting electronic communications, with substantial increases in surveillance capabilities over time. A series of media reports in 2013 revealed bulk collection and surveillance capabilities, including collection and sharing collaborations between GCHQ and the United States' National Security Agency. These were commonly described by the media and civil liberties groups as mass surveillance. Similar capabilities exist in other western European countries, such as France.
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