Probe into AFP officer’s breach

A FEDERAL police officer is under investigation for accessing a journalist’s phone records without a warrant.

Federal Police Commissioner Andrew Colvin yesterday revealed the investigator had illegally accessed the journalists’ call records in relation to a “sensitive information” leak.

“The investigator sought and was provided access to the call records of a journalist without the higher authority of a journalist information warrant,” he said.

The access — which occurred earlier this year — was to the time, date and duration of phone calls, not the calls themselves.

Mr Colvin said the Australian Federal Police “self-reported” the breach, and that the matter is being investigated by the Commonwealth Ombudsman. The journalist involved has not been informed of the breach, confirmed Mr Colvin.

He said there was no “illwill” or “bad intent” meant by the offending officer who has not been disciplined.

“It was a mistake that shouldn’t have happened,” he said. “I think the system’s failed the investigator as much as the investigator failed in their obligations to know the law.”

The commissioner said the improperly obtained material was destroyed and the related AFP investigation was ceased after the breach was identified.

He said the public could have “full confidence” in metadata laws and that the AFP had “enhanced” its internal procedures regarding access to phone records as a result of the breach. Mr Colvin said he was satisfied that it was the first breach of its kind since the introduction of the government’s metadata retention laws.

Metadata includes incoming and outgoing caller identification, the duration of calls and their times and dates, as well as email addresses, sizes and times.