AGD releases draft COVIDSafe privacy laws

Attorney-General Christian Porter has released draft legislation that will codify the privacy protections built into the COVIDSafe contact tracing app.

The new legislation, which will be introduced to parliament next week, will make it a criminal offence to collect, use or disclose data from the COVIDSafe app for purposes unrelated to contact tracing.

Coercing a person to use the app, storing or transferring app data outside of the country and decrypting app data will also be criminalised.

Breaches of the new rules will be punishable by up to five years’ imprisonment or a fine of up to $63,000.

“As the final step of our ‘triple lock’ of privacy protections, this draft Bill will build upon the biosecurity determination and agreements with the states and territories to comprehensively guarantee that Australians’ data is in safe hands when they download and use COVIDSafe,” Porter said.

“Criminal offences under the Bill can be investigated by the Australian Federal Police. Individuals can also have their complaints heard by the Office of the Australian Information Commissioner or the relevant state or territory privacy regulator if appropriate.”

Porter said the draft legislation also puts in place a clear process outlining how the government will satisfy its obligation to delete all COVIDSafe data once the pandemic is over.

But in a blog post published before this latest announcement, Telecommunications Society Vice-President Laurie Patton has detailed what he considers the “strategic errors” the government has made while introducing the COVIDSafe app.

The first is a failure to consult with the right experts to ensure the app was fit for purpose from day one. The second is a failure to effectively communicate the value of the project to the public. He said concerns over misuse of the app are representative of both strategic failures.

“By far the biggest fear being expressed in the media is the risk of people’s personal data being misused,” he said.

“The current Attorney-General, Christian Porter, has assured us he will ban law enforcement agencies from accessing data from the app. Oh really, Harry? Our data is secure in government hands?”

He said the app has been polarising within the IT world, with organisations such as the Pearcey Foundation tentatively endorsing it while other industry groups are less positive.

The lack of ringing endorsements is affecting take-up of the app, Patton noted, stating that 80% of the population isn’t yet convinced enough to join the scheme.

“At the current rate of take-up I’d guess we are about ten days from having to decide whether or not to dump the app and come up with another tracing strategy,” he said.

“At the heart of the problem with COVIDSafe is peoples’ sense that they just cannot trust this Government when it comes to technology.”

He called on the government and opposition to collaborate to build an alternative app that has the support of a broader group of IT experts and human rights lawyers, and to help ensure the public that the updated app is safe to use.

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