Summary

Implements recommendations of the Parliamentary Joint Committee on Intelligence and Security’s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation by amending the: Telecommunications (Interception and Access) Act 1979 to: require telecommunications service providers to retain and to secure for two years telecommunications data (not content); require service providers to protect retained data through encryption and preventing unauthorised interference and access; require the PJCIS to review the mandatory data retention scheme no more than three years after the end of the implementation phase; limit the range of agencies that are able to access telecommunications data and stored communications; establish a journalist information warrants regime; restrict the agencies who can access this data; require the minister to refer to the PJCIS any legislative proposal to amend which agencies can access the data; provide for record-keeping and reporting the use of, and access to, telecommunications data; and enable the Commonwealth Ombudsman to assess agency compliance; Australian Security Intelligence Organisation Act 1979 to provide that certain matters relating to data retention be included in the Australian Security Intelligence Organisation’s (ASIO) annual report; Intelligence Services Act 2001 to enable the PJCIS to inquire into operational matters relating to the use of telecommunications data by ASIO and the Australian Federal Police, in relation to counter-terrorism functions; Telecommunications Act 1997 to prohibit civil litigants from being able to access certain telecommunications data; and Telecommunications Act 1997 and Privacy Act 1988 to make consequential amendments.