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LCA welcomes better safeguards for telco data
The Law Council of Australia has backed comments made by the Independent Security Legislation Monitor (INSLM) regarding access to telecommunications companies’ encrypted data.
Emma Musgrave
LCA has responded to recent comments made by INSLM’s Dr James Renwick SC which noted that there “is a strong argument for better safeguards on requests to telecommunications companies to give access to encrypted private information”.
“The Law Council acknowledges there is significant benefit to public safety in allowing law enforcement authorities faster access to encrypted information where there are imminent threats to national security and in order to prevent the commission of serious criminal offences,” Ms Wright said.
“However, the measures introduced by the TOLA Act go far beyond these threats and have broad application, applying to the enforcement of any criminal law in force in any foreign country, or domestic laws which attract a maximum penalty of three years’ imprisonment.”
The LCA’s submission to the INSLM noes the TOLA Act could be improved if: “the definition of ‘serious offences’ is made consistent with the Telecommunications (Interception and Access) Act 1979 (Cth), that is, punishable by a maximum term of imprisonment of seven years or more, not the currently prescribed three years”.
The legal body added the TOLA Act could be improved provided: “the ‘reasonable and proportionate’ test within the Telecommunications Act specifically requires the decision-maker to determine whether perceived law enforcement imperatives demonstrably outweigh the reasonable expectation of confidentiality in electronic communications between individuals and businesses; and decisions made under part 15 of the Telecommunications Act are to be made by a judicial officer,” she said.
“In the alternative, it is recommended that judicial review of part 15 decisions should be available,’ the submission notes.”
Today, Friday, 21 February 2020, will see the LCA attend a public consultation as part of the review.
In August 2019, this public review was welcomed by the LCA who noted at the time that it will play a vital role in ensuring public trust.
Emma Musgrave
Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.
Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences.
Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.
She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University.
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