A very dynamic issue: International developments in privacy in the last 12 months (original) (raw)
Related papers
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Continuum, 2011
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Australian & New Zealand Journal of Criminology, 2005
T his article describes the secrecy provisions embodied in the Australian Security Intelligence Organisation Legislation Amendment Act 2003 (Cwlth). The article explains how these provisions curb freedom of speech and remove ASIO's activities from the domain of public scrutiny. It argues that by effectively criminalising open discussion of ASIO's activities the provisions insulate much of the domestic 'war on terror' from the public gaze. It also argues that the provisions implicitly sanction lawlessness by ASIO in open breach of the rule of law. By undermining free speech and the rule of law, this legislation increases the risk of torture of persons detained by ASIO. The legislation also exacerbates the punitiveness of such detention. Moreover, the secrecy offences will distort Australian politics by enabling the government to control and manipulate 'security' information. The article concludes that the increase in state secrecy and its impact are part of a continuing shift in the relative distribution of power between state and subject in liberal democracies; a shift that signals a move to more repressive or authoritarian forms of rule.
Intelligence and Security Act 2017: A Preliminary Critique
This article offers a critique of the Intelligence and Security Act 2017. It demonstrates that three underlying contextual factors-formal reviews, domestic scandals and international terrorism-each informed the pertinent law reform process in differing ways. The article also identifies several features of this new Act which deliberately strengthen New Zealand's surveillance capability before focusing on an array of deceptive, highly intrusive and covert surveillance practices that this Act makes lawful. The article finds that this new law transforms the intelligence community into the "eyes and ears" of an apparatus of control focused less on protecting New Zealanders from harms emanating abroad and more on managing the country's population at home. Given New Zealand's limited ability to make sense of its prevailing security environment from a whole-of-society perspective, the Intelligence and Security Act 2017 warrants closer scrutiny from experts in security and law as well as members of the general public.
Alert and alarmed: the National Security Information Act (Cth) 2004
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This article highlights the Federal Government's controversial new regime applicable in respect of trials where evidence might relate to national security. It considers whether the provisions of the Act are consistent with fundamental human rights and established constitutional principles.