Who can access my phone calls and internet activity, and under what circumstances?

In Plain English

Based on the provided information, here's a breakdown of who can access your phone calls and internet activity and why:

  • Authorized Research Entities: If you're contacted for authorized research (like a survey), these entities can access your unlisted mobile number information, but only to call you. They must identify themselves, explain the research, and get your consent to use your information. You can withdraw consent at any time, and they must delete your data if you do.
  • Law Enforcement and Intelligence Agencies:
    • With a warrant, agencies can intercept communications and access stored communications and telecommunications data. This includes the content of your calls, messages, and data about your online activity (but not the content itself).
    • In emergencies, law enforcement can take control of your online accounts to prevent serious violence or property damage, but they need to get approval from a magistrate within 48 hours.
  • Integrity Commissions: The ACT Integrity Commission can access stored communications and telecommunications data to investigate serious and systemic corrupt conduct within the ACT public sector.
  • International Production Orders: Australian agencies and organizations can obtain international production orders to access stored communications and telecommunications data held by prescribed communications providers, potentially located in foreign countries.
  • ASIO (Australian Security Intelligence Organisation): ASIO can access computer data and use surveillance devices under warrant to collect intelligence related to prejudicial activities.
  • Consumer Data Right: You have the right to authorize trusted third parties to access and share your telecommunications data.

Detailed Explanation

Several pieces of legislation outline who can access your phone calls and internet activity and under what circumstances:

  • Telecommunications Regulations 2021 (docid=1):
    • Regulates how authorized research entities can use unlisted mobile number information. They can only contact individuals by phone for authorized research purposes (section 30).
    • They must obtain consent to use and disclose research information and provide specific details about the research, how they obtained the number, and how the information will be used. They must also comply with the Privacy Act 1988 and other laws related to unsolicited contact.
  • Telecommunications (Interception and Access) Act 1979 (docid=2):
    • Defines "stored communication" as communications held by transmission service providers, network entities, message/call application service providers, storage/back-up service providers, or general electronic content service providers (Chunk 215).
    • Defines "telecommunications data" as information about a communication (excluding the content) or information about a telecommunications service (Chunk 215).
    • Allows for international production orders to compel prescribed communications providers to disclose stored communications and telecommunications data to relevant agencies or organizations (Chunk 305).
    • Form 3 and Form 4 outline the conditions for issuing warrants related to telecommunications devices (Chunk 24 and 31).
  • Telecommunications Legislation Amendment (International Production Orders) Act 2021 (docid=4):
  • Telecommunications (Interception and Access) (Criminal Law-Enforcement Agency—ACT Integrity Commission) (No. 2) Declaration 2024 (docid=5):
    • Permits the ACT Integrity Commission to access stored communications and telecommunications data for investigating serious and systemic corruption within the ACT public sector.
  • Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (docid=7) and Crimes Act 1914 (docid=8):
    • Introduces "account takeover warrants," allowing law enforcement officers to take control of online accounts to obtain evidence of relevant offenses (sections 3ZZUN and following).
    • Allows for emergency authorizations for account takeovers in situations with imminent risk of serious violence or substantial damage to property (section 3ZZUU).
    • Defines "takes control" as gaining exclusive access to an online account (section 3ZZUL).
  • National Security Legislation Amendment Act (No. 1) 2014 (docid=10):
    • Allows ASIO to access computer data under an identified person warrant, including entering premises, using computers and telecommunications facilities, and adding, copying, deleting, or altering data (section 27E).
    • Permits ASIO to use surveillance devices under warrant to listen to, record, observe, or monitor communications and activities (section 27F).
  • Consumer Data Right (Telecommunications Sector) Designation 2022 (docid=9):
    • Enables consumers to authorize trusted third parties to access and share their telecommunications data, promoting better comparison services and convenient switching between providers.
    • The Competition and Consumer Act 2010 establishes privacy safeguards and an accreditation process for data recipients.
  • Telecommunications (Interception and Access) Regulations 2017 (docid=6):
    • Defines terms related to international agreements and data sharing, such as "Covered Data," "Covered Provider," and "Legal Process" (Chunk 50).
    • Article 2 outlines the purpose of the agreement related to international data sharing.
  • Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (docid=3):
    • Allows the Director-General of Security or the Communications Access Co-ordinator to disclose technical assistance notice information, technical capability notice information, or technical assistance request information to the chief officer of an interception agency for purposes relating to the performance of functions, or the exercise of powers, by the interception agency (Chunk 36).

It's important to note that these powers are generally subject to oversight and safeguards, including warrant requirements, limitations on the use of information, and privacy protections.