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You can find the current article at its original source at https://www.theguardian.com/australia-news/2022/nov/10/labor-faces-resistance-in-push-to-expand-police-access-to-gps-data-in-missing-person-cases
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| Labor faces resistance in push to expand police access to GPS data in missing person cases | Labor faces resistance in push to expand police access to GPS data in missing person cases |
| (7 months later) | |
| Minister says changes could ‘save lives’ but Greens voice concerns about possible data misuse | Minister says changes could ‘save lives’ but Greens voice concerns about possible data misuse |
| Police would be given more access to location data from phone companies to find missing people at risk of harm under a federal government push to lower the bar for telecommunications providers to assist law enforcement. | Police would be given more access to location data from phone companies to find missing people at risk of harm under a federal government push to lower the bar for telecommunications providers to assist law enforcement. |
| But the Greens and a leading civil liberties group have raised issues with the plan, voicing concerns over the possible abuse of GPS data access. | But the Greens and a leading civil liberties group have raised issues with the plan, voicing concerns over the possible abuse of GPS data access. |
| “The potential for misuse of location data, collected by everyone from telecommunications companies to Google, is enormous and people are concerned this information could be misused,” said Stephen Blanks, of the New South Wales Council for Civil Liberties. | “The potential for misuse of location data, collected by everyone from telecommunications companies to Google, is enormous and people are concerned this information could be misused,” said Stephen Blanks, of the New South Wales Council for Civil Liberties. |
| The communications minister, Michelle Rowland, will on Thursday introduce the telecommunications legislation amendment (information disclosure, national interest and other measures) bill to parliament. The changes will allow emergency services more opportunity to apply for a warrant to request location triangulation data from phone companies to find missing people at risk. | The communications minister, Michelle Rowland, will on Thursday introduce the telecommunications legislation amendment (information disclosure, national interest and other measures) bill to parliament. The changes will allow emergency services more opportunity to apply for a warrant to request location triangulation data from phone companies to find missing people at risk. |
| The current legislation allows disclosure of such information, under section 287 of the act, if emergency services believe “on reasonable grounds that the disclosure or use is reasonably necessary to prevent or lessen a serious and imminent threat to the life or health of a person”. | The current legislation allows disclosure of such information, under section 287 of the act, if emergency services believe “on reasonable grounds that the disclosure or use is reasonably necessary to prevent or lessen a serious and imminent threat to the life or health of a person”. |
| The changes would remove the “imminent” qualifier – which Rowland said could often be “impossible” to show – and expand the potential to apply for warrants to access GPS data. | The changes would remove the “imminent” qualifier – which Rowland said could often be “impossible” to show – and expand the potential to apply for warrants to access GPS data. |
| “It means telecommunications companies can disclose information where they have a reasonable belief that disclosure will lesson a serious threat to life,” Rowland said. | “It means telecommunications companies can disclose information where they have a reasonable belief that disclosure will lesson a serious threat to life,” Rowland said. |
| The expanded data access would not apply to all missing person cases, only those where police believe there is a threat to life. | The expanded data access would not apply to all missing person cases, only those where police believe there is a threat to life. |
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| The changes were spurred by recommendations from the NSW deputy coroner Erin Kennedy, who in September published findings of an inquest into the disappearance of a Sydney man identified as CD. | The changes were spurred by recommendations from the NSW deputy coroner Erin Kennedy, who in September published findings of an inquest into the disappearance of a Sydney man identified as CD. |
| The findings recommended “urgent reform” around the interpretation and operation of section 287, including removing the qualifier of “imminent” threat to life, and changing the requirement of “belief” to “suspicion”. | The findings recommended “urgent reform” around the interpretation and operation of section 287, including removing the qualifier of “imminent” threat to life, and changing the requirement of “belief” to “suspicion”. |
| The CD case involved the disappearance of a man experiencing mental health issues. The inquest detailed, in the days after CD’s disappearance, the refusal of a request for triangulation by a senior police officer, who said the case did not meet the threshold of “imminent” harm. That officer said he received up to 20 requests for triangulation each day. | The CD case involved the disappearance of a man experiencing mental health issues. The inquest detailed, in the days after CD’s disappearance, the refusal of a request for triangulation by a senior police officer, who said the case did not meet the threshold of “imminent” harm. That officer said he received up to 20 requests for triangulation each day. |
| The inquest stated there had been a “narrow view” taken of section 287, and that there were “different definitions” of the term “imminent”. | The inquest stated there had been a “narrow view” taken of section 287, and that there were “different definitions” of the term “imminent”. |
| “Apps track our locations, the concept of privacy has changed considerably, as should the interpretation of the section, and the section itself,” the inquest found. | “Apps track our locations, the concept of privacy has changed considerably, as should the interpretation of the section, and the section itself,” the inquest found. |
| Kennedy has been approached for comment. | Kennedy has been approached for comment. |
| “These are critical amendments to the Telecommunications Act and associated legislation which could very well save lives,” Rowland said. | “These are critical amendments to the Telecommunications Act and associated legislation which could very well save lives,” Rowland said. |
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| The amendments will also boost transparency of disclosures and record-keeping, after recommendations from the Office of the Australian Information Commissioner. The Oaic declined to comment, but in a 2020 submission to a parliamentary inquiry the commissioner recommended that service providers should be required to keep itemised logs of what type of data they disclosed upon request. | The amendments will also boost transparency of disclosures and record-keeping, after recommendations from the Office of the Australian Information Commissioner. The Oaic declined to comment, but in a 2020 submission to a parliamentary inquiry the commissioner recommended that service providers should be required to keep itemised logs of what type of data they disclosed upon request. |
| The Oaic said record-keeping rules at the time did not allow officers “to consider whether only necessary personal information is being disclosed”. | The Oaic said record-keeping rules at the time did not allow officers “to consider whether only necessary personal information is being disclosed”. |
| Senator David Shoebridge, the Greens’ spokesperson for digital rights and justice, raised issues with widening law enforcement access to personal data, but said the party would examine any changes. | Senator David Shoebridge, the Greens’ spokesperson for digital rights and justice, raised issues with widening law enforcement access to personal data, but said the party would examine any changes. |
| “Given the evidence that police and other agencies routinely break the existing laws to protect private data, including failing to properly store, protect and destroy it, we have very real concerns about expanding these powers even further,” he told Guardian Australia. | “Given the evidence that police and other agencies routinely break the existing laws to protect private data, including failing to properly store, protect and destroy it, we have very real concerns about expanding these powers even further,” he told Guardian Australia. |
| Shoebridge said he was also concerned about transparency around the gathering and management of data by police. | Shoebridge said he was also concerned about transparency around the gathering and management of data by police. |
| Blanks agreed with the changes not being extended to all missing person cases. | Blanks agreed with the changes not being extended to all missing person cases. |
| “People go missing for all sorts of reasons, including their own choice. To interfere with a person’s own decision to cease contact, on its own, shouldn’t justify invasion of privacy to locate them,” he said. | “People go missing for all sorts of reasons, including their own choice. To interfere with a person’s own decision to cease contact, on its own, shouldn’t justify invasion of privacy to locate them,” he said. |
| “But where there’s serious concerns about a person’s welfare, then the situation is different.” | “But where there’s serious concerns about a person’s welfare, then the situation is different.” |
| But Blanks said governments should be looking to increase privacy protections, not lower them. “The community is expecting stronger safeguards to protect their private information. | But Blanks said governments should be looking to increase privacy protections, not lower them. “The community is expecting stronger safeguards to protect their private information. |
| “Many people are rightly concerned this info could be misused and there needs to be a strong regime of protection for that information.” | “Many people are rightly concerned this info could be misused and there needs to be a strong regime of protection for that information.” |