Ombudsman finds NSW police overused intrusive phone and computer surveillance

The commonwealth ombudsman found New South Wales police are overusing intrusive technology to monitor the phones and computers of people suspected of less serious crimes and were unable to demonstrate compliance with the Telecommunications (Interception and Access) Act 1979.

The TIA Act allows police or security agencies to seek warrants to intercept, access and disclose communications and permits prospective surveillance of up to 45 days where the offence carries a penalty of at least three years’ imprisonment. The ombudsman reviewed a sample of prospective data authorisations for public order offences and found 24 related to offences carrying only a financial penalty, saying the threshold to access prospective telecommunications data was not met and that there was "a not insignificant risk" a court would find the powers had not been used lawfully.

The report also flagged insufficient record-keeping by Victoria and Queensland police.

Australia, New South Wales

nsw police, ombudsman, tia act, telecommunications data, prospective surveillance, public order, warrants, victoria police, queensland police, record keeping