Businesses fear terror laws' impact on privacy

October 24, 2005 - 12:01PM

Businesses would not be able to use privacy laws or legal privilege to stop federal police from seizing customer information under new anti-terrorism laws, an expert says.

Monash University terrorism law expert Patrick Emerton said the laws, to go to parliament on November 1, would give the Australian Federal Police (AFP) the power to demand documents relating to "terrorism offences" from any person or company.

Mr Emerton said the documents must relate to financial information, dealings in assets, places of residence, or power, phone and gas account holders.

"It is an offence not to hand over the document, and it must be handed over despite the Privacy Act, legal privilege or other sorts of protections," Mr Emerton said.

"However, the documents handed over can't be used in criminal proceedings against the person handing them over, and can't be used in a way that would be contrary to legal professional privilege."

Businesses would not be able to reveal that the AFP made the demand for documents, he said.

He said the powers would enable the AFP to build up dossiers of information on individuals and companies they were interested in.

"Because the notices are secret, people will not know that these files are being compiled," he said.

"Although the AFP's use of the power without need for a magistrate's approval is meant to be limited to investigation of terrorism offences, in practice this will be a difficult constraint to enforce, as the party against whom the demand is made will not be in a good position to contest the issue, not having the relevant information.

"And the person who is suspected of engaging in a terrorist offence will have no knowledge that these demands are being made in relation to their personal or business information."

