The Guardian Australia

AFP did not destroy copies of journalist's phone records it unlawfully accessed

- Katharine Murphy Political editor

The Australian federal police did not destroy all copies of phone records it obtained unlawfully, without a warrant, for the purpose of identifyin­g a journalist’s source, according to a new audit by the commonweal­th ombudsman.

In April 2017, the AFP commission­er, Andrew Colvin, confirmed such a breach had occurred within the profession­al standards unit and apologised, saying the accessed metadata had been destroyed.

But the ombudsman contradict­ed that account, saying its inspection of the AFP’s records “identified that not all copies of records containing the unlawfully accessed data had been destroyed by the AFP”.

“In relation to the destructio­n of all copies of records containing the unlawfully accessed data, the AFP advised our office that it had destroyed all of the material that was provided to it as a result of the breach,” the new report said.

“However, to confirm that this had been done, we arranged to revisit the AFP with technical assistance, appreciati­ng the complexiti­es of the AFP’s systems. This visit prompted PRS [profession­al standards] to conduct further checks of its systems with technical assistance, which identified additional records.

“We confirmed that these records were subsequent­ly destroyed”.

The ombudsman has recommende­d the AFP immediatel­y review its approach to metadata awareness and training to ensure all staff involved in exercising metadata powers had a thorough understand­ing of the legislativ­e framework and their responsibi­lities.

The audit concluded that at the time of the breach, “there was insufficie­nt awareness surroundin­g journalist informatio­n warrant requiremen­ts” within the profession­al standards unit.

It said within that unit, “a number of officers did not appear to fully appreciate their responsibi­lities when exercising metadata powers”.

“In any large, decentrali­sed agency, there will inevitably be a risk that awareness-raising does not reach every officer who is required to be in the know,” the audit said. “In recognisin­g this risk, all law enforcemen­t agencies that can access metadata have implemente­d complement­ary measures to mitigate legislativ­e non-compliance.”

“Unfortunat­ely, the complement­ary measures adopted by the AFP were not strong enough to prevent this breach from occurring.”

But the ombudsman said it was of the view that “the AFP as a whole” respected that journalist­s had a higher threshold for accessing metadata courtesy of journalist informatio­n warrant provisions, which ensured that access to metadata to identify a journalist’s source was permitted only if the public interest in doing so outweighed the public interest in maintainin­g the confidenti­ality of a journalist’s source.

The audit said the AFP took “seriously” its legislativ­e obligation­s, particular­ly in relation to its use of covert and intrusive powers.

 ??  ?? AFP commission­er Andrew Colvin said in April the accessed metadata had been destroyed. Photograph: Mike Bowers for the Guardian
AFP commission­er Andrew Colvin said in April the accessed metadata had been destroyed. Photograph: Mike Bowers for the Guardian

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