Data Retention's Slippery Slope: Now Australian Police Want Warrantless Access To Bank Accounts

from the and-then-what? dept

As Techdirt has reported, data retention laws are being introduced around the world. One of the less obvious but most pernicious effects of this development is the banalization of surveillance it brings with it. People begin to find it normal that they are spied on by their government whatever they are doing, and accept without a murmur that the police can do so without a warrant. A good example of what this can lead to has surfaced in the Australian state of New South Wales (NSW), where the police are pushing for new powers: The NSW Police Force would no longer require a judge's sign-off to gain access to the bank statements of people they suspect are engaging in criminal conduct under a police proposal before the NSW government.



The proposal would change the status quo, which requires a magistrate or registrar of a court to sign off on a "notice to produce" before police can force banking institutions to hand over documentation, such as a suspected criminal's bank statements. What's significant is that in the article quoted above, which appears in The Sydney Morning Herald, Australia's new data retention laws are explicitly cited as a justification for the move: [The head of NSW Police's Fraud and Cyber Crime Squad] likened the proposal to the way telecommunications metadata -- such as the time a call was made, to whom, and for how long -- is sought from telcos, which requires only the sign-off a senior officer before companies, such as Telstra or Optus, divulge such information. Although the request from the police has not been granted -- so far, at least -- it's a sign of where things are going. It's also a great demonstration of the slippery slope: once you agree that warrantless access to personal data is acceptable in one sphere, it's much harder to argue against it in other situations.

Follow me @glynmoody on Twitter or identi.ca, and +glynmoody on Google+

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community. Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis. While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: australia, banks, data retention, law enforcement, police