Guidance

73.119 The Telecommunications (Interception and Access) Act provides for interception of, and access to, the content and substance of communications and other information about the communications. The content and substance of an individual’s telephone conversations and other electronic communications, such as emails, are often private and sensitive. Further, information about when, how and with whom individuals communicate is also sensitive. Intelligence and law enforcement agencies, telecommunications service providers, regulators, oversight bodies, and the community should have a clear understanding about when communications may be intercepted and accessed, and how that information subsequently is to be handled.

73.120 There is currently very little published information on the interception and access of information under the Telecommunications (Interception and Access) Act. The AGD should develop and, where appropriate, publish guidance on the interception and access of information under the Telecommunications (Interception and Access) Act.

73.121 The guidance generally should address the interception and access of information under the Telecommunications (Interception and Access) Act. In this chapter, the ALRC has identified a number of issues, however, that should be addressed specifically in the guidance. These matters are:

  • the definition of the term ‘telecommunications data’;

  • when voluntary disclosure of telecommunications data to ASIO and enforcement agencies is permitted; and

  • timeframes within which agencies should review holdings of information and destroy information.

Recommendation 73-5 The Australian Government Attorney-General’s Department should develop and, where appropriate, publish guidance on the interception and access of information under the Telecommunications (Interception and Access) Act 1979 (Cth), that addresses:

(a) the definition of the term ‘telecommunications data’;

(b) when voluntary disclosure of telecommunications data to the Australian Security Intelligence Organisation and other enforcement agencies is permitted; and

(c) timeframes within which agencies should review holdings of information and destroy information.