Countering Terrorist Fighters Legislation Bill

Read the submission by the Privacy Commissioner to the Foreign Affairs, Defence and Trade select committee on the Countering Terrorist Fighters Legislation Bill. The document can be viewed here.

Scoop copy 20141127Selectcommitteesubmission.pdf

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Introduction

The Bill has been introduced on an urgent basis to address particular issues with respect to the emerging risks posed by foreign terrorist fighters.

As well as addressing the counter-terrorism functions of agencies such as the SIS and the Police, I note the opportunity is also taken to enhance measures by which the SIS can carry out its general security functions. For example the SIS will gain visual surveillance powers and emergency powers that may be exercised without a warrant. It is a significant step to confer these powers on the security intelligence service.

It is vital in my view to ensure that appropriate process safeguards are included for these expanded powers.

The following submission focuses on necessary improvements to process and safeguards. It is important to note that in the time available, I have not received a detailed briefing from the SIS on the operational case for the expanded powers. My comments therefore are based in general principle.

I welcome the broader intelligence review of the security legislation that will take place in 2015. The Bill’s provisions however deserve proper scrutiny as they will remain in place for over three years until April 2018.

My three key areas of concern relate to:

• The duration of visual surveillance warrants;

• The controls around warrantless surveillance powers;

• Clarifying the continuation of controls around access to Passenger Name Record (PNR) data under the Customs and Excise Act.

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