Human rights commission warning on counter-terrorism proposals
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Version 0 of 1. Australia’s human rights commission has sounded a warning about the Abbott government’s counter-terrorism agenda, arguing a significant expansion of surveillance powers can undermine basic rights to privacy and free expression. The commission has used a submission to parliament’s joint committee on intelligence and security to raise a number of specific concerns about the first tranche of national security reforms currently before the parliament. This package gives Asio powers to surveil multiple computers, including whole networks; allows Asio agents (as well as police) to use force in operations; allows more coordination and information sharing between spy agencies on operations; and creates significantly tougher penalties against the disclosure of intelligence material. The human rights commission submission argues that in several instances the package – the first of a broad-ranging policy overhaul intended by the Coalition to strengthen Australia’s existing counter-terrorism framework – “goes beyond what can be reasonably justified”. The critique from the commission is similar to concerns that have been raised by some parliamentarians, a number of legal experts and civil liberties groups, and Australia’s major media organisations in the course of a fast-tracked inquiry by the joint committee on intelligence and security. Specifically, the commission raises concerns about the new “special intelligence operations” (SIO) framework – a category of intelligence operation that gives legal immunity to intelligence agents; about the new powers allowing intelligence agencies to share information; about the proposal allowing the foreign intelligence service Asis to collect intelligence on Australians; and about a crackdown on unauthorised disclosures of intelligence material. It recommends that the new SIO framework should be wound back to work like “controlled operations” currently undertaken by police – and an “independent body”, not Asio, be responsible for determining how operations are designated and the duration over which they run. On the proposed information-sharing between agencies, the commission expresses concerns the “amendment would allow Asio to share sensitive personal information with any person or organisation it chose, with very little recourse in the event that person or organisation subsequently misused or released the information”. “For a restriction on the right to privacy to be legitimate, the government must demonstrate that it is necessary and proportionate to achieve a legitimate end,” it says. “In bestowing such a wide power to share personal information on Asio, with little control about the purposes for which it is shared or measures to ensure it is not misused or released, the bill appears to go beyond what is necessary and proportionate to achieve its goals.” It notes that the package does not give clear definitions around the new powers proposed for Asis to collect intelligence on Australians, and it says the law as proposed would allow intelligence to be collected for broader purposes than safeguarding national security – a development that would compromise privacy without “adequate justification”. The commission is also uncomfortable that the legislation “dramatically” increases the penalties for agents or contractors disclosing intelligence material – and it joins other expert voices in arguing the legislation would catch journalists and media outlets publishing national security leaks. It recommends the government drop some of these proposals altogether, or in the event they proceed, provide a “public interest” defence for the new offences proposed. In general terms, the submission “acknowledges the critical importance of ensuring that our security agencies have appropriate powers to protect our national security” – but it adds the limitations on individual rights and freedoms must be “clearly expressed, unambiguous in their terms, and legitimate and proportionate responses to potential harms”. The commission says it would support the passage of an amended package of national security reforms “providing that these recommendations are adopted and the bill amended accordingly”. The joint intelligence committee is due to report on the legislative package in the parliamentary week beginning 22 September. |