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April 29, 2013

Recommendations

Recommendations from the Open Rights Group’s Digital Surveillance report


  1. Hold an overarching review, potentially through a Royal Commission, to properly study surveillance in the digital age.
  2. Judicial oversight of requests for intrusive communications data, in particular for all traffic data requests.
  3. Choose ‘data preservation’ rather than blanket data retention. Include quick response and emergency processes, and means to intelligently and accountably identify targets.
  4. Create a unified Surveillance Commissioner capable of carrying out a strong, independent audit with “multi-skilled investigators including human rights and computer experts.”
  5. Reject vague proposals, such as those in the draft Communications Data Bill, for automated, pervasive analytics tools designed to trawl through and across datasets.
  6. Provide stringent penalties for misuse of either powers or data.
  7. Individuals should be notified by default of a decision authorising the request for their communications data.
  8. Invest in law enforcement’s capacity to use and analyse the data already available to them.
  9. Lift the ban on the use of intercept evidence in court.
  10. Use the International Principles on Communications Surveillance and Human Rights developed by Privacy International and other groups as a template for future laws.

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