other aspects for Commonwealth agencies

This page highlights other legislation affecting federal government agencies, in particular measures that serve to erode or enhance privacy in the digital environment. Two prominent enactments are the Telecommunications Act 1997 and Telecommunications (Interception) Act 1979 which impinge on internet service providers, content hosts and users.

     Medical Research

The Privacy Act also provides that the National Health & Medical Research Council (NHMRC) may issue guidelines for the protection of privacy in the conduct of medical research. 

The first guidelines (PDF) were released in 1995 following the NHMRC information paper Aspects of Privacy in Medical Research. They allow disclosure by Commonwealth agencies, as long as the medical research is conducted in accordance with the guidelines, and prescribe procedures for researchers and institutional ethics committees. 

     Telecommunications

The Telecommunications Act 1997 (here) includes provisions dealing with the privacy of personal information held by carriers, carriage service providers and others. 

Those provisions embrace the development of voluntary industry codes and standards relating to privacy; the Privacy Commissioner must be consulted on any privacy codes and in principle breaches would be enforced by the Australian Communications Authority (ACA).

The Telecommunications (Interception) Act 1979 (here) is one of several federal enactments dealing with surveillance; several states have corresponding laws.

Part 14 of the Telecommunications Act 1997 obligates ISPs and other carriage service providers to give representatives of Commonwealth and StateTerritory governments such help (including information about internet users) as is "reasonably necessary" for the enforcement of the criminal law, or the enforcement of laws imposing pecuniary penalties or the protection of the public revenue.

Part 15 of the Act 1997 obligates carriage service providers to ensure that their network is able to intercept a communication passing over it in accord with a warrant issued under the Telecommunications (Interception) Act 1979.

Part 13 of the Telecommunications Act 1997 makes it an offence for an ISP and its employees to use or disclose any information or document which comes into its possession in the course of its ISP business, where the information relates to the contents or substance of a communication carried by the ISP (delivered or not); or carriage services supplied, or intended to be supplied, by the ISP; or the affairs or personal particulars of another person.

Exceptions to the prohibition on disclosure of customer information include:

- where the disclosure is reasonably necessary for the enforcement of the criminal law or the protection of the public revenue

- where the disclosure is made to ASIO for the performance of its functions

- where the disclosure is required or is otherwise authorised under a warrant or under law.

Customer information that an ISP may be required to disclose includes the content of nominated communications and the "Identity, Source, Path and Destination of nominated Internet services", including

- customer registration details

- destination and origin email addresses for (user) target communications

- calling line identification (for user access links)

- geographical location of a target service

- network/traffic related data

- log files (for example, back up tapes showing details of a subscriber's sessions, including files received).

The Commonwealth Telecommunications (Interception) Act 1979 prohibits interception of telecommunications except in specified circumstances that essentially relate to maintenance of the telecommunications system or pursuant to an interception warrant.

Such warrants may be issued for national security and law enforcement purposes. Warrants for law enforcement purposes may be issued to various agencies regarding investigation of

murder, kidnapping, and narcotics offences (Class 1 offences)

Class 2 offences - punishable by imprisonment for life or a period of at least 7 years - and involving for example serious personal injury, extortion, drug or armament trafficking, serious fraud, tax evasion, currency violations, bribery or corruption of government officers, bankruptcy violations, harbouring criminals or a sexual offence against a person under 16.

Warrants in relation to national security are issued to ASIO, discussed in our surveillance & identification profile. Background about interception powers and practices is provided by the Australian Communications Authority's briefing (PDF) on Internet Service Providers and Law Enforcement & National Security.

     Archival Data

The Commonwealth Spent Convictions Scheme came into force in 1990 as part of amendments to the Crimes Act 1914 (Crimes), concerned with offences against the national government. 

It allows individuals to disregard some criminal convictions after 5 to 10 years, with protection against unauthorised use and disclosure of that information. It covers convictions for minor federal, state and foreign offences, with the protections available varying according to which type of offence (federal, state or foreign) gave rise to the conviction. The scheme also covers pardons and quashed convictions.

The Commonwealth Freedom of Information Act 1982 (FOI) and associated Archives Act 1983 (AA) includes some provisions relating to personal data.

The Australian Society of Archivists (ASA) has sought exemption for archival institutions from provisions of the 2001 Privacy Act - details are here (PDF).

     Other Legislation

Other Commonwealth legislation includes

the Australian Security Intelligence Organisation Act 1979 (ASIO) and Intelligence Services Act 2001 (here)

Income Tax Assessment Act (Tax)

     Surveillance

Use of aural surveillance devices by Commonwealth agencies in the investigation of Commonwealth drug importation offences is regulated by the Customs Act 1900. Use of aural surveillance devices by the Australian Federal Police in investigation of some non-narcotics offences is regulated by the Australian Federal Police Act 1979.

We've include a map of Commonwealth and New Zealand 'surveillance' agencies such as ASIO, DSD and GCSB in a complementary profile.

   next page (Commonwealth coverage of private sector)