Free speech, censorship, privacy and data retention

CITIZENFOUR screening: decision making on mandatory data retention and surveillance in Australia

MEDIA RELEASE

Laura Poitras' gripping documentary CITIZENFOUR will be screened in Parliament House tonight, Monday 9 February, following on from its success in winning a BAFTA overnight. The combined civil liberties councils across Australia (NSW Council for Civil Liberties, Liberty Victoria, Queensland Council for Civil Liberties, South Australian Council for Civil Liberties, and the Australian Council for Civil Liberties) and Electronic Frontiers Australia are hosting the screening in Parliament for interested politicians and staffers. The documentary provides a powerful insight into the astonishing dimensions and significance of metadata collection and analysis, and is offered as a contribution to the debate on the contentious data retention bill. 

The screening has been crowdfunded by hundreds of individual donors across Australia. 

Read the full press release here

Share

Mass data retention - the fight is on

Last year civil liberties and human rights groups resisted, with limited success, the worst elements of the veritable tsunami of new counter-terrorism laws the Abbot Government brought in swift succession to the Parliament.  Now we are fast approaching a decision point in the highly significant and contentious debate as to whether the Australian Parliament will legislate the mandatory collection and retention of mass telecommunications data for the bulk of the population to enable retrospective access by authorities.

Help us fight mass data retention - donate to the CITIZENFOUR screening and send a message to our politicians

It would be a major negative step for a democracy. It will be a major intrusion every citizen’s right to privacy - including those not suspected of any unlawful activity. This will have major flow-on implications for other freedoms and democratic values. In particular, it will undermine a robust and free press and constrain legitimate whistle-blowers by removing any confidentiality from all phone and internet communications.  

The combined CCLS consider it to be a step too far. We strongly oppose the policy concept and urge the Parliament to reject it. 

 

Read more
Share

Joint Submission to the Counter-Terrorism Legislation Amendment Bill (No.1) 2014 - November 2014

The NSW Council for Civil Liberties and the Muslim Legal Network of New South Wales have joined in this submission to highlight the fact that the Counter-Terrorism Legislation Amendment Bill (No.1) 2014, like the government’s other counter-terrorism laws, are simultaneously an attack on the civil liberties of all Australians and are, rightly or wrongly, perceived as a targeted attack on the Muslim community in Australia.

Summary of Recommendations:

  • We strongly oppose the provisions regarding Part 5.3 of the Criminal Code Act 1995 (“the Control Order Regime”).
  • We strongly oppose the provisions regarding the amendments to the Intelligence Service Act (“the Intelligence Act”).

The submission also attacks the unreasonable haste with which these new laws are being introduced, allowing a mere ten days for review and submissions. This does not allow reasonable time for public debate or informed decision making by members of parliament, which we believe amounts to an abuse of process by the Australian Government resulting in reckless lawmaking.

Click here for the submission

Share

Joint submission to PJCIS inquiry into Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 - October 2014

Councils for civil liberties across Australia (New South Wales Council for Civil Liberties, Liberty Victoria, Queensland Council for Civil Liberties, South Australia Council for Civil Liberties, Australian Council for Civil Liberties) have come together to make a joint submission on the Australian Government’s Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 (the Bill).

The submission address the following issues:

  • Inadequate review timeframe
  • Extension of sunset clauses to 2025
  • Loose definitions and discretionary enforcement related to foreign incursion offences
  • Freedom of travel to 'No-Go Zones'
  • Scope of personal jurisdiction
  • Potential for indefinite arbitrary detention in lieu of timely consent for prosecution from Attorney-General
  • Advocacy offences an unreasonable imposition upon free speech
  • Potential abuse of delayed notification warrants
  • Unjustifiable revisions concerning travel document cancellation
  • Unnecessary enhancement/broadening of customs officers detention powers
  • Suspension of welfare payments retains right of review

NSWCCL has issued extensive public comment regarding this bill - read more here

Click here for the submission

Share

CCL's give testimony at Joint Committee inquiry into National Security Legislation Amendment Bill (No. 1) 2014

NSWCCL Secretary Dr Lesley Lynch and Civil Liberties Australia CEO William Rowlings have given testimony on behalf of Australian Civil Liberties Councils at the Parliamentary Joint Committee on Intelligence and Security public hearing, following a recent joint submission by the councils regarding the National Security Legislation Amendment Bill (No. 1) 2014.

Dr Lynch raised a number of concerns with the bill, including the lack of evidence-based justification for some of the enhanced powers, lack of effective oversight, the startling degree of ambiguity and loose definitions throughout and also an apparent lack of consideration of longer term impacts of legislation introduced to allegedly address short-term terrorist threats but ultimately remaining for the longer term. 

Read the transcript here

Read the submission

Share

Joint submission to PJCIS inquiry into Counter-Terrorism Legislation Amendment Bill (No.1) 2014 - August 2014

NSWCCL has collaborated with other Australian civil liberties groups in making a submission to the Parliamentary Joint Committee on Intelligence and Security Inquiry into the National Security Legislation Amendment Bill (No. 1) 2014.

The CCLs accept that ASIO and other intelligence and security organisations must have the powers and resources necessary for the protection of national security including protection against the very real threat of terrorist activity in Australia- consistent with democratic values. However, where the proposed changes expand existing ASIO powers and/or weaken balancing safeguards and protections our endorsement is dependent upon persuasive evidence justifying such changes and clear demonstration that rights and liberties are not being unwarrantedly or disproportionately encroached upon

In our view, such persuasive evidence has not been provided to justify some of the new or enhanced security powers being proposed in this Bill.

Read the joint CCL submission here

Dr Lesley Lynch (NSWCCL Secretary) and Bill Rowlings (Civil Liberties Australia) gave testimony at the inquiry's public hearing on the 18th of August 2014. A supplementary submission was subsequently compiled offering more detailed comment regarding the discard of ministerial oversight of particular intelligence sharing between agencies

Read the supplementary submission here

 

Share

NSWCCL rejects police commissioner's casual dismissal of privacy concerns

It is disappointing to see the Commissioner of Police's comments in the Sydney Morning Herald this morning defending warrantless access to databases containing personal information.  The police are opportunistically taking advantage of the proliferation of electronic databases which do not have strong privacy policies to protect members of the community against inappropriate release of their personal information.  In the absence of strong data protection laws and personal privacy protection, the only protection the public can get is through privacy policies which require law enforcement agencies to obtain warrants from an independent judge or magistrate before personal information is released.

Read the article here

Share

Civil liberties councils demand scrutiny of national security legislation

Public statement from The NSW Council for Civil Liberties, Liberty Victoria, The Queensland Council for Civil Liberties, The SA Council for Civil Liberties, Civil Liberties Australia

Read more
Share

Privacy concerns over Kings Cross ID scanners

The operation of ID scanners to collect and store the personal information of all patron's will begin this week at a number of 'high-risk' venues in Kings Cross. This data collection scheme raises concerns over privacy and security, such as the possibility for unauthorised access or the inappropriate usage of individuals' personal data. NSWCCL President Stephen Blanks has commented recently in the media on this issue, visit the links below for coverage.

ABC Radio - Kings Cross venues to save patrons' IDs

Article - Privacy concerns over Kings Cross ID scanners

 

Share

Racial vilification law - NSW Government defers response

The new Attorney General Brad Hazzard has disappointed many with his unexplained deferral of the NSW Government’s response to the important and –in the current context- highly significant report of the standing committee on law and justice into NSW racial vilification laws. This was given to the Government in December 2013 and its response has been awaited for some time.

The committee had been asked by the Government to inquire into whether Section 20D of the NSW Anti-Discrimination Act which created the offence of serious racial vilification was effective and if it established a realistic test, in line with community expectations, for the offence of racial vilification. It was also asked to advise on any improvements to Section 20D ‘having regard to the continued importance of freedom of speech”.

There was no radical shift proposed by the report. The committee unanimously made a number of modest recommendations for improvements mainly focussed on removing ‘procedural impediments’ to successful criminal prosecution for serious racial vilification. The absence of any successful criminal prosecutions under the Act had been cited by the then Premier Barrie O’Farrell as the main driver for the inquiry.

Read more
Share