Poster Presentation, “Metadata legislation – are victims of domestic violence safe?”, Stop Domestic Violence Conference, December 2015.

With the introduction of the Telecommunications (Interception and Access) Amendment
(Data Retention) Bill 2014 there came significant outcry from the community about big
brother’ watching us and concerns about invasion of privacy. Among the issues raised was the right of individuals to access information on their own account, resulting in amendments to the Bill before it was passed to allow this access.

As a result, not only can an account holder access their own metadata information, but they will have the right to access information of anyone else who uses their account, any other devices connected to that account.

Because many perpetrators of domestic violence hold accounts to which the metadata
applies, access to victim’s information is an issue. For victims of domestic violence, this
means perpetrators can track retrospectively over a 2 year period who the victim sees,
where they go, who they contacted and which numbers they called most frequently, and
more.

The access to this information could occur even if the parties are no longer involved in a
relationship.

While the legislation provides for some limited protection of data, as the legislation
currently stands, it creates a serious risk of harm to the safety of victims of domestic
violence.

There are effects of the metadata legislation, shortfalls and potential gaps,
but the consequent risk of harm can be addressed by the legislature or by domestic
violence service providers when advising clients.

https://stopdomesticviolence.com.au/wp-content/uploads/2015/10/PosterPresenters.pdf

Posted by Kylie Hillard

Kylie is a barrister at the private bar in Queensland and practices in a variety of areas. Kylie is also the Secretary of the Equal Opportunity and Diversity Subcommittee of the Bar Association of Queensland, is a founding Director of the Asia Pacific Professionals Association, President of Soroptimist International Brisbane, President of Labor Lawyers Queensland, and President of the Forest Lake ALP Branch. Kylie has also held positions including the Chair of National Advocacy for Soroptimist International Australia, and was the Vice-President of the Women Lawyers Association of Queensland for 3 years.

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