This inquiry, coinciding with the inquiry into mandatory data retention, examined the need for comprehensive reform of the Telecommunications (Interception and Access) Act 1979 in light of changes in technology as well as privacy concerns.

The referral

On 12 December 2013, the Senate referred the following matter to the Legal and Constitutional Affairs References Committee for inquiry and report by 10 June 2014:

Comprehensive revision of the Telecommunications (Interception and Access) Act 1979 (the TIA Act), with regard to:

a) the recommendations of the Australian Law Reform Commission For Your Information: Australian Privacy Law and Practice report, dated May 2008, particularly recommendation; and

b) recommendations relating to the Act from the Parliamentary Joint Committee on Intelligence and Security Inquiry into the potential reforms of Australia’s National Securit y Legislation report, dated May 2013.

Overview

The committee's inquiry has spanned 15 months. During that time, the committee received much evidence highlighting the need for urgent and comprehensive reform of the Telecommunications (Interception and Access) Act 1979 (TIA Act) including substantial comment on the matter of mandatory data retention. During the later stages of the committee's inquiry, the government announced that it would be introducing a mandatory telecommunications data retention regime.

Although the issues of comprehensive reform of the TIA Act and mandatory data retention are not mutually exclusive, to the extent possible, they have been considered separately to ensure that adequate consideration is given to both matters.

This majority consensus report details the need for reform of the existing TIA Act.

Separate additional remarks on the matters of data access and data retention are provided by the committee Chair, the government members of the committee and the opposition members of the committee.