Fairfax Media broke the story last year that there had been an unauthorised use of a passenger's phone by an officer from Customs – now known as Border Force – and the department had refused to tell the man what messages had been sent and to whom. "My client was upset with the way he was treated": Lawyer Zali Burrows. Credit:Kerri-Ann Hellier Lawyer Zali Burrows told Fairfax Media that sending texts from someone else's phone is an extraordinary breach of privacy. "It is the unknown mischief of the text that is most concerning," she said. "My client was upset with the way he was treated, they searched his bag, they went through his phone, he missed his flight and the next day when he returned to the airport, it was Groundhog Day all over again."

The man told Fairfax Media he was stopped when leaving for a holiday in Turkey and Cyprus to visit his parents. He was taken to a room where Customs and AFP officers were present. They took his phone and computer and demanded the access codes and then took his phone into another room where he could not see what was happening. During the time he was detained and searched, the man said he was asked questions about his religion, his family members, his young sister, his girlfriend, his employment and his travelling companions. He was strip-searched against his will and by the time he was released he had missed his flight. After organising another flight for the following day, he was again stopped by Customs and called his solicitor. The man's claim said he suffered great pain of body and mind and was deprived of his liberty, suffered psychological injury including nerves, worry, fear, depression and upset, was humiliated and embarrassed, suffered nervous and mental shock and anguish and was otherwise greatly damnified. He is also claiming the extra expenses he had to pay to get another flight.

Separate documents obtained by Fairfax Media under Freedom of Information laws have revealed that it was a "counter-terrorism unit" officer that started reading the text messages on the passenger's phone and then responded to two SMS messages without the knowledge or permission of the passenger. "The CTU officer then deleted those messages before the mobile telephone was returned to the passenger," the documents said. In briefing notes prepared for the Minister of Immigration and Border Protection for question time last year, Border Force officials said officers had powers to examine certain goods carried by travellers and make copies but "it does not include using the device or making any amendments to or deletions of data". The documents also revealed that the actions of the officer were reported to the Privacy Commissioner. However, a spokesperson for Privacy Commissioner said "privacy complaints are treated confidentially. The OAIC generally does not disclose if a complaint has been received from an individual." The incident was referred by Greens senator Sarah Hanson-Young to the Australian Federal Police for an investigation into the actions of the customs officer.

"How can the Australian public have faith in the Department if its officers are behaving like this," Senator Hanson-Young said. "Spending millions of dollars on new uniforms and guns for these ABF officers has clearly influenced the culture of the department. "The same people who oversaw the disastrous Operation Fortitude in Melbourne have been handling the response to this case and, for many people, that will raise questions about the process. "The Department needs to explain exactly how it dealt with this incident and what happened to the offending officer, so that the Australian public can travel without fearing that their private conversations will be interfered with." The passenger only discovered what had happened when he received a letter from the Integrity and Professional Standards branch of the department, saying it was investigating the "inappropriate use" of his phone by the customs officer.

The letter, dated nearly six months later, said: "This behaviour does not uphold the standards expected of our officers at the border and on behalf of the department and the ACBPS [Australian Customs and Border Protection Service] I apologise that it occurred." The letter said the "appropriate steps" were being taken in relation to the incident. The Border Force had previously refused to release details of the investigation to Fairfax Media, arguing that it could harm the effectiveness of the management of complaints; that officers would have significant reservations about raising issues and providing information to the Integrity and Professional Standards unit if there was a precedent of public disclosure; and that a reluctance on the part of personnel to report suspicions to report improper conduct would have a substantial adverse effect on the department to manage its personnel. A spokeswoman for the Department of Immigration and Border Protection said the incident of inappropriate behaviour was self‑reported to the Integrity and Professional Standards branch. "The officer was subject to a formal investigation and was found to have breached the APS Code of Conduct. The officer was disciplined in accordance with the Public Service Act 1999.

"As this matter is currently before the court, it is not appropriate for the department to provide any further information other than what has been released through FOI." Do you know more? n.obrien@fairfaxmedia.com.au