Hub contributions influences recommendations to the review of the mandatory data retention regime

On 28 October 2020, the Parliamentary Joint Committee on Intelligence and Security released its Review of the mandatory data retention regime. 

Allens Hub Members Monika Zalnieriute and Genna Churches, along with David Vaile and Hub Intern Shavin Wijeyaratne produced a total of three submissions for the report which are cited widely throughout. 

The report itself is revolutionary, making 22 recommendations which will make significant privacy improvements to the data retention regime.  A big win for privacy is the recommendation that the “content or substance of a communication” be defined through a consultative process, and the very clear directive that if information beyond metadata, such as URLs, is disclosed, the information must be immediately quarantined. 

The recommendation that Councils and other non-law enforcement bodies be denied access to data would shut down a controversial loophole which has existed for many years. 

The PJCIS has also recommended that metadata only be accessible for offences punishable by imprisonment for 3 years or more, doing away with trivial access for minor offences and parking fines. 

Many of these recommendations were influenced by Hub Members contributions to the review and we thank Committee members for being receptive to Allens Hub member views and research.  While the 22 recommendations do not include the implementation of a warrant system for metadata access, if the recommendations are followed by sound legislation, then transparency, accountability and privacy protections will be vastly improved.