Wide-ranging surveillance laws should be scaled back
The Human Rights Law Centre is calling for stronger safeguards for the right to privacy in evidence being given to the Independent National Security Legislation Monitor today.
The Independent National Security Legislation Monitor is reviewing the Surveillance Legislation Amendment (Identify and Disrupt) laws, which gave the Australian Federal Police (AFP) and the Australian Criminal Intelligence Commission (ACIC) unprecedented and invasive powers to monitor online activity, access data, and take over a person's online account.
The Human Rights Law Centre has warned that these powers enable the AFP and ACIC to undertake significant invasions of privacy, encroach on the right to privacy, and threaten to have a chilling effect on the work of journalists and their sources.
In a submission to the Independent National Security Legislation Monitor, the Human Rights Law centre has called for:
the establishment of an independent advocate, a public interest monitor, to review warrant applications;
significant narrowing of the offences for which the warrants can be issued; and
safeguards that limit the use of intrusive powers after all other avenues to achieve the same results have been exhausted.
The Human Rights Law Centre raised these significant concerns when the laws were introduced three years ago, pointing to the disproportionality and insufficient safeguards, but these concerns were largely ignored.
Kieran Pender, Associate Legal Director at the Human Rights Law Centre, said:
“The right to privacy is a fundamental human right, but the Identify and Disrupt laws have given authorities unprecedented and invasive powers to hack, surveil, and even take over online accounts, with very little oversight.
“Surveillance powers intrude on people’s privacy, have a chilling effect on journalists and whistleblowers, and encroach on fundamental human rights.
“Any expansion of the government’s ability to spy on everyday people must be strictly necessary and proportionate, but the Identify and Disrupt laws have gone far beyond this, authorising expansive surveillance powers.
“One of the most effective ways to temper otherwise unbridled state surveillance is with strong human rights protections, including an Australian Human Rights Act that guarantees people’s fundamental right to privacy.”
Media Contact:
Chandi Bates
Media and Communications Manager
0430 277 254
chandi.bates@hrlc.org.au