Here’s how much access Australian police already have to your data

The Australian government wants new powers to access encrypted communications, but do they need them?

Police and intelligence agencies already have significant abilities to access data about our emails, phone calls and text messages if we’re suspected of committing a crime, although it can be difficult to tell exactly what they’re doing with them.

The government argues existing interception capabilities are inadequate to protect national security. According to Attorney-General George Brandis, backdoor access to encrypted communications would redress the “degradation of our intelligence capability” to prevent terrorism.

Many Australians are unaware of current police and intelligence powers when it comes to accessing our data. As the government lobbies for new levels of access, that needs to change.

The government’s proposal to compel technology companies to provide access to encrypted messaging services is modelled on laws passed by other members of the Five Eyes surveillance alliance, of which Australia is a member.

Deputy US Attorney-General Rod Rosenstein recently announced the Department of Justice intends to demand interception of encrypted communications. New Zealand already requires technology companies to grant access. In the UK, authorities may force decryption where it is technologically feasible.

As with our allies, it is unclear if Australia‘s laws will require so-called “backdoor” vulnerabilities to be built into messaging applications like Facebook Messenger or WhatsApp.

They could compel access via decryption keys or they might enable remote access to devices for interception of communications “at the ends”.

In response, cryptographers argue it is not mathematically possible to access end-to-end encrypted messages via interception without undermining online privacy for everyone.

The government already has various powers to access metadata, the contents of digital conversations and computer networks.

The Attorney-General’s Department recently released its annual report on telecommunications surveillance.

Thanks to the Telecommunications (Interception and Access) Act (TIA Act), law enforcement and other agencies can access stored communications with a warrant. This can include “email, SMS or voice messages stored on a carrier’s network”. In other words, the contents of any communication not encoded via encryption.

Agencies may also apply for “preservation notices” to compel telecommunications companies to preserve data.

During the 2015-16 financial year, there were 712 warrants issued for access to stored communications. Data is not available about the types of offences these warrants were used for. It is also not clear how the telecommunications information was used in investigations.