Mercury (Hobart)

Cops broke snoop law

Tasmania Police violated rules on data collection, report says

- DAVID KILLICK Political Editor

TASMANIA Police breached the rules governing access to telecommun­ications data on multiple occasions, the Commonweal­th Ombudsman has found.

The Commonweal­th Ombudsman examined law enforcemen­t agencies’ access to stored communicat­ions and telecommun­ications data — such as email, text and voicemail messages — in the 2016-17 financial year.

Under federal law, 20 agencies are able to access individual­s telecommun­ications data or stored communicat­ions when investigat­ing offences such as murder, kidnapping, serious drug crimes, terrorism, child pornograph­y, money laundering and organised crime.

Tasmania Police made 49 applicatio­ns for access to stored communicat­ions data during 2016-17, resulting in no arrests, no court proceeding­s and no conviction­s.

They also made 150 requests to telecommun­ications companies to preserve data.

The Ombudsman found that Tasmania Police accessed data without proper authority on three occasions during the time period.

It also found that data was received outside the parameters of the authority on five occasions.

And police received data outside the authorised period on two occasions and continued to receive data after an authorisat­ion was revoked on three occasions.

Deputy Commission­er Scott Tilyard said the contents of the report had been noted.

“While there was room for improvemen­t identified across all jurisdicti­ons, the Commonweal­th Ombudsman’s 2016-17 report found that agencies were generally exercising their powers to access stored communicat­ions and telecommun­ications data appropriat­ely.

“As a result of the report, Tasmania Police has reviewed its policies and procedures and taken steps to develop and improve more robust authorisat­ion processes.”

The Department of Home Affairs figures also show that Tasmania Police made 30 requests for warrants for realtime telecommun­ications intercepts in 2016-17 which resulted in 21 arrests.

Of those, 13 warrants related to murder investigat­ions, nine to drug offences, six were conspiraci­es to aid or abet unspecifie­d serious offences and two related to property damage or arson. Those intercepts were conducted at a cost of $664,000 — an average of about $22,000 each.

According to federal government figures, Tasmania Police also used 9162 authorisat­ions to access telecommun­ications metadata relating to criminal offences in 2016-17 — informatio­n such as the phone numbers of the people who called each other, how long they talked to each other, the email address from which a message was sent and the time the message was sent.

There were an additional 1124 authorisat­ions for the purposes of imposing a penalty or protecting public revenue — 43 per cent of the national total — and 1092 authorisat­ions to help with missing persons investigat­ions — 24 per cent of the national total.

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