Provision of Managed Services for the Identity Matching Services

Hon Karen Andrews MP

Minister for Home Affairs

PO Box 409

Varsity Lakes QLD 4227 

Dear Minister,

RE:    Provision of Managed Services for the Identity Matching Services

1.    The Queensland Council for Civil Liberties (“the QCCL”) is a not-for-profit organisation that receives queries from members of the public regarding their civil liberties and individual rights.

2.    We have noticed that a tender has been released for the provision of managed services for the Identity Matching Services (APP Reference HOMEAFFAIRS/2079/APP).

3.    As far as we are aware, the legislation that would enable a regime of identity matching exists only in the form of the Identity-matching Services Bill 2019 and the Australian Passports Amendment (Identity-matching Services) Bill 2019 (collectively, “the Bill”).

4.    As you would appreciate, the Bill was the subject of a review by the Parliamentary Joint Committee on Intelligence and Security and the Advisory Report on the Identity-matching Services Bill 2019 and the Australian Passports Amendment (Identity-matching Services) Bill 2019 was released in October 2019 (“the Report”).

5.    Recommendation One of the Report was that:

The Committee recommends that the Identity-matching Services Bill 2019 be re-drafted taking into account the following principles:

·         the regime should be built around privacy, transparency and subject to robust safeguards,

·         the regime should be subject to Parliamentary oversight and reasonable, proportionate and transparent functionality,

·         the regime should be one that requires annual reporting on the use of the identity-matching services, and

·         the primary legislation should specifically require that there is a Participation Agreement that sets out the obligations of all parties participating in the identity-matching services in detail.

The Identity-matching Services Bill 2019 should be re-drafted taking into account the Committee’s findings in this report. The Committee notes that the findings alone do not set out all of the matters that would bring the Identity-matching Services Bill 2019 into line with the principles outlined above.

            (our emphasis)

6.    We have not seen a revised version of the Bill nor does there appear to have been further consultation regarding the same.

7.    In this context, could you please confirm:

a.    Whether the Department of Home Affairs has adopted the recommendations contained within the Report;

b.    If not, what has the Department of Home Affairs done in relation to the Bill;

c.     Whether there will be further public consultation as regards to the use of facial recognition technology in Australia;

d.    Whether there will be further public consultation in relation to the interaction between State and Federal laws in relation to facial recognition, noting that the Minister for Home Affairs resides in Queensland and the existence of the Human Rights Act 2020 in this jurisdiction; and

e.    Whether the Department of Home Affairs has considered the international developments (including moratoria on the use) of facial recognition technology?

8.    We trust that you appreciate our concerns regarding the tender and look forward to your response.

9.    Please do not hesitate to contact the writer should you wish to discuss this letter.

10.  We look forward to your response.

Yours sincerely,

Angus Murray

Vice-President

Queensland Council for Civil Liberties