Metadata the key to finding out who authorised the use of private security in Victoria’s Hotel Quarantine Inquiry.

Hub Members Monika Zalnieriute and Genna Churches were asked by The Guardian Australia to make comments on Victoria Police claims that they could not access former Victoria Police Commissioner Ashton’s metadata through the data retention regime because metadata is only accessible for breaches of the criminal law.    “Victoria police did contact Telstra and request incoming call data for the former chief commissioner’s phone but they advised correctly that under the Telecommunications (Interception and Access) Act 1979 they are unable to provide that data unless it relates to a criminal investigation or missing person investigation.” 

Monika and Genna explained that this was not an accurate explanation of the law; “[the explanation] is not grounded in law at best, and is deliberately confusing, at worst, because there are quite a few ways for Victoria police to access Ashton’s data”.  They also explained that the Inquiry had the power to obtain the phone records directly from Telstra. 

Telstra has subsequently confirmed that Victoria police made no formal request for the data and that Telstra responds “to requests from intelligence agencies and law enforcement to provide data in a lawful, controlled and careful manner while making sure our customers’ privacy is protected and we comply with the relevant legislation.” 

Consistent with Monika and Genna’s advice, the Inquiry obtained the records themselves directly from Telstra.  Read The Guardian interview