Media Release – Govt Ignores Calls to Retrieve Tasmanians’ Personal Data

Meg Webb & Richard Griggs | Media Release | October 15, 2020    

The State Government is under increasing pressure to recall thousands of Tasmanians’ drivers licence images and data it had secretly transferred to the now stalled Federal Department of Home Affairs biometric database and to guarantee that new data currently is not being transferred.

Independent Member for Nelson Meg Webb described the Government’s response to a petition, signed by approximately 700 Tasmanians calling for the retrieval of this personal data from the facial recognition database in Canberra and strengthened privacy safeguards, as woeful and out of touch.

Principal petitioner and Tasmanian Director of Civil Liberties Australia, Richard Griggs, said the ACT Government’s recent refusal to hand over Territorians’ drivers licence images and data until legislation with rigorous privacy safeguards is passed highlights how badly the state government let down Tasmanians.

“The Gutwein Government’s priority must be the protection of all Tasmanians’ sensitive and personal data,” Ms Webb said.

“Rather than instilling confidence, the Government’s response to the tabled petition raises further questions, and continues a disturbing pattern of obfuscation and shirking of responsibility.

“The Premier Peter Gutwein failed to commit to retrieving hundreds of thousands of our driver licence photos and data already given to Home Affairs, or provide guarantees there will not be any further transfer of data while the national database legislation remains in limbo.

“Transfer of photos occurred without consideration by the full parliament.  We need an immediate guarantee that the Tasmanian parliament will consider state legislation detailing appropriate privacy agreements for any future use of this data.

“Almost a year ago, the Federal Government-led joint intelligence committee had the gumption to reject the proposed facial recognition database law and demand it be rewritten and built around the principles of privacy, transparency and with robust oversight.

“Despite the Federal committee’s rejection of the proposed legislation, and the recent example set by the ACT, it beggars belief that Premier Gutwein still refuses to act to protect Tasmanians’ privacy or guarantee a role for the Tasmanian parliament.”

Mr Griggs said it is both extraordinary and disappointing the State Government is falling behind jurisdictions like the ACT by refusing to take the simple proactive steps requested in the petition.

“In contrast to Tasmanians, Territorians have received a guarantee from their Government that no ACT data will be transferred until legislation is passed in both the ACT and Commonwealth parliaments, and participation agreements are signed,” Mr Griggs said.

“This is extremely telling because the ACT has a large number of resident Federal public servants who understand the reality that mistakes can be made, and the need to tread cautiously rather than sign up sight unseen.

“As it currently stands, we do not know what privacy protections will be in place and this is unacceptable for such a large and important tranche of sensitive biometric data of Tasmanians.

“We also do not have clarity about which non non-government organisations, such as banks, will be provided access.

“The ACT Government has held firm by refusing to upload the photographs of its citizens in the absence of a rigorous legislative framework and Tasmanians should be able to expect the same level of protection from our own state government.

“It is essential for Tasmanians to have a say via the state parliament on whether privacy protections, are adequate, and if, and under what conditions, Tasmanians’ sensitive personal data is provided to a national database.”

Meg Webb, Independent Member for Nelson

Richard Griggs, Tasmanian Director of Civil Liberties Australia