Submission No. 2 - Australian Privacy Charter Council
THE AUSTRALIAN PRIVACY CHARTER COUNCIL
Convenor : Nigel Waters
Secretary : Tim Dixon
School of Law, University of NSW
Sydney NSW 2052
Phone 02 9810 8013
E-Mail: watersn@zip.com.au
The Secretary
Parliamentary Joint Committee on ASIO
Parliament House
CANBERRA ACT 2600
21 April 1999
Dear Secretary
Review of the Australian Security Intelligence Organization
Legislation Amendment Bill 1999
The Australian Privacy Charter Council would like to
make a submission to the Committee's current review of the Australian
Security Intelligence Organization Legislation Amendment Bill 1999. Unfortunately,
we have been unable to complete our consideration of the Bill in the short
time allowed for submissions since the review was announced. While we
have been aware of the Bill since it was introduced, our ability to assess
its implications was handicapped by the delay in making the explanatory
memorandum available on the Internet. I have already drawn this unusual
omission to the attention of the Senate Scrutiny of Bills Committee. We
sincerely hope that the delay was not influenced by the subject matter
of the legislation.
The Australian Privacy Charter Council exists to promote
the Charter Principles, which are a statement of best practice for the
protection of privacy, including the fair handling of personal information,
and minimisation of the level of surveillance of Australians in their
day to day activities.
While we appreciate the sensitivity of any inquiry or
review involving national security and intelligence matters, this sensitivity
makes it all the more important that there is a careful consideration
of any changes in the parameters of ASIO's activities.
The Charter Council is particularly concerned about any
extension of ASIO's ability to intrude into the personal affairs of Australians,
especially if they have given no 'cause' for investigation. We are also
concerned that there should be no diminution, and if possible an increase,
in the level of accountability, scrutiny and safeguards applying to ASIO.
We note that although ASIO is exempt from the Privacy
Act 1988, it is subject to guidelines for the conduct of its activities
which are based on the Information Privacy Principles of that Act, compliance
with which is monitored by the Inspector General of Intelligence and Security.
We request the opportunity to put considered views to
the Committee after the 23 April, and to appear before the Committee if
it decides to hold public hearings. We will endeavour to make a written
submission as soon as possible. We note the Committee's timetable, but
have difficulty in understanding how these changes can be required so
urgently as to necessitate such an abbreviated period of consultation
and consideration.
Yours sincerely
Nigel Waters
Convenor
A copy of this submission is also available from the
Committee Secretariat.
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