Response to the Recommendations of the Privacy Impact Assessment - May 2007
Introduction
Background
In late 2006 AusCheck contracted with Salinger Consulting Pty Ltd (Salinger & Co) to conduct a Privacy Impact Assessment (PIA) of the background checking service for the Aviation and Maritime Security Identity Card regimes that AusCheck was established to provide.
The PIA of AusCheck’s business processes was conducted to identify and assess the privacy impacts posed by the legislative, policy and technological initiatives of the AusCheck background checking scheme. The PIA allowed AusCheck to be made aware of the recommended options for managing, minimising or eradicating privacy impacts associated with the scheme.
Executive Summary
The PIA was provided to AusCheck on 12 March 2007. A total of 65 recommendations were made by the PIA under a number of theme areas.
A total of 63 recommendations have been agreed to in whole or in part, leaving two recommendations that are not being directly addressed. They were considered unnecessary because the underlying concerns were addressed by Government amendments to the AusCheck Bill.
A number of recommendations are relevant to the Department of Transport and Regional Services (DOTARS) in the context of its responsibility for administration of the aviation and maritime security card schemes. AusCheck will continue to consult with DOTARS to develop an appropriate strategy to implement these recommendations.
The PIA findings and recommendations are a valuable resource to AusCheck and have assisted in the refining and enhancing of AusCheck’s business processes. Documentation of the PIA investigation, analysis, assessment and findings has formed a useful review and decision-making tool for AusCheck.
The response to the recommendations of the PIA is grouped into areas of action. The areas are: recommendations for amendments to the AusCheck Bill and the proposed AusCheck Regulations; recommendations for administrative action; recommendations for IT system requirements; and guidelines for Issuing Bodies.
Recommendations for amendments to the AusCheck Bill
Recommendation 9
That the Australian Government consider deleting clause 5(d) of the AusCheck Bill to ensure that the scope or type of possible background checks may only be amended or extended by Parliament.
Recommendation 4
That clauses 8(1)(c), 8(2) and 10 be deleted from the AusCheck Bill.
Agreed.
The AusCheck Act 2007 limits AusCheck’s role to background checking for ASIC and MSIC schemes only. Government amendments to the AusCheck Bill during debate of the Bill omitted clauses 5(d) and 8(1)(c), 8(2) and 10.
Recommendation 11
That the Australian Government consider amending clause 9 of the AusCheck Bill to ensure the Regulations cannot provide for the introduction of biometrics, including biometric photos.
Agreed.
Government amendments to the AusCheck Bill remove the ability to add new checking techniques to the AusCheck scheme through regulations. The only checks that can form the basis of a background check are criminal history checks, security assessments, citizenship and work rights checks and identity verification when the Document Verification System becomes available.
Biometrics could not be included in the background checking process without legislative amendment.
Recommendation 37
That the Australian Government consider amending clause 14(2)(b)(i) of the AusCheck Bill to clarify that ‘subsequent background check’ refers only to a check under the same scheme — that is, renewals, rather than new applications under different schemes.
Agreed in principle.
The AusCheck Act 2007 limits AusCheck’s role to background checking for ASIC and MSIC schemes only.
Recommendation 43
That the Australian Government consider amending clause 14(2)(b)(ii) of the AusCheck Bill to add ‘where such response is considered reasonably necessary to prevent or lessen the threat’.
Not agreed.
The release of information for national security purposes will require consideration by AusCheck as to whether such release is appropriate and within legal authority to do so. To limit disclosure to circumstances where necessary to prevent or lessen a threat would be unnecessarily restrictive and would, for example, preclude disclosure in circumstances where information is otherwise of substantial security relevance.
Recommendation 44
That the Australian Government consider amending clause 14(2)(b)(iii) of the AusCheck Bill to add ‘where such disclosure is to a criminal intelligence or security intelligence agency’ and that these agencies be defined to only include the AFP, the Australian Crime Commission and ASIO.
Agreed in principle.
Paragraph 14(2)(b)(iii) was amended during debate on the AusCheck Bill to limit and define the agencies that will have access to the AusCheck database.
Information in the database will only be disclosed for criminal or security intelligence purposes to the Commonwealth, or a Commonwealth authority, that has functions relating to law enforcement or national security. The information from the AusCheck database must be used for these purposes only.
Recommendation 45
That the Australian Government consider amending clause 14(2)(b)(iii) of the AusCheck Bill to note that collection, use or disclosure of data for data-matching programs is not authorised by that clause.
Not agreed.
Amendments to the AusCheck Bill limit the agencies that can access AusCheck information (see response to recommendation 44 above). These amendments will ensure that information is not able to be used for anything other than criminal or security intelligence purposes.
Recommendation 47
That the Australian Government consider amending clause 14(2)(b) of the AusCheck Bill to add a fourth category: ‘where such disclosure is to an issuing body, or to the manager of a maritime or aviation secure site, in accordance with the Regulations’.
Agreed in principle.
Government amendments to the Bill during debate on the Bill make it clear that one of the purposes of the database is to allow for card verification. Paragraph 14(2)(b) was amended to allow for a limited amount of personal information about an individual to be used or disclosed to verify that:
- an ASIC or MSIC is issued under the Aviation Transport Security Regulations 2005 or Maritime Transport and Offshore Facilities Security Regulations 2003,
- is current, and
- that it has been issued to the person who is using it.
The definition of personal information was also enhanced to support this verification function.
Recommendations for amendments to the proposed AusCheck Regulations
Information Collection
Recommendation 1
That AusCheck ensure that the AusCheck Regulations specify precisely what can, or must, be collected by issuing bodies from individuals, and what is to be collected by AusCheck from issuing bodies.
Agreed.
The AusCheck Regulations will specify what must be collected by issuing bodies for AusCheck’s purposes. Typically, the specific information for background checking purposes includes the name, sex and date of birth of the person subject to the background check, and their address and contact details. AusCheck may also require additional information to verify visa details on foreign passports such as nationality, passport number, visa number and expiry date.
The information that is required by AusCheck to perform its card verification function is the number of the card and a photograph of the person to whom the card is issued.
This information will be provided to individuals by issuing bodies in the form of a pamphlet setting out individual privacy rights.
Recommendation 2
That AusCheck ensure that the AusCheck Regulations require a prescribed Application Form to be used by issuing bodies, whether in paper or electronic form.
Agreed.
The AusCheck Regulations will specify that all applications must be in the approved form (approved by the Secretary) which will be electronic.
Recommendation 13
That AusCheck ensure that the AusCheck Regulations require AusCheck to collect criminal record information from the AFP, less any spent or quashed convictions.
Agreed.
The AusCheck Regulations will provide that AusCheck must collect criminal record information. The Aviation Transport Security Regulations (r 6.01) and the Maritime Transport and Offshore Facilities Security Regulations (r 6.07B) provide for the spent convictions scheme to apply to criminal history information relating to applicants for ASICs and MSICs but for certain spent convictions to be taken into account in determining whether a person is eligible for a card. The aim of the ‘spent convictions’ scheme is to prevent discrimination on the basis of old and minor criminal convictions for people who have had a ‘clean’ record since. If a person has a ‘spent conviction’, it does not have to be disclosed and it will not show up in a criminal record check, although it will remain part of the person’s criminal history. ‘Spent convictions’ also includes convictions that have been set aside or pardoned.
Background Check Results
Recommendation 51
That the AusCheck Regulations prescribe that AusCheck may only disclose the results of a background check to the individual concerned, to DOTARS as required by law, and, in the event of a complaint, review application or appeal by or on behalf of the individual, to such bodies as are involved in reviewing the complaint, review application or appeal.
Agreed in principle.
AusCheck is a division of the Attorney-General’s Department and as such is required to comply with the Information Privacy Principles under the Privacy Act 1988.
AusCheck will provide issuing bodies with a finding about whether or not an individual who has applied for an ASIC or an MSIC is eligible to have one. The finding will be based on the results of the background checks AusCheck has made. If an individual is not eligible for a card, the Regulations provide that AusCheck will give the issuing body advice that the individual is not eligible because of an adverse criminal record, an adverse security assessment, a conviction for a disqualifying offence or a qualified criminal record.
No details from the criminal history information will be provided to issuing bodies except where the individual has a qualified criminal record that includes a ‘pattern of criminality’ relevant to the decision to issue a conditional ASIC. Where such a finding is made, the criminal history information will be provided to the ASIC issuing body to allow it to exercise its statutory functions to decide whether to issue the card.
Recommendation 32
That AusCheck consider allowing longer than 28 days for an individual to respond to a preliminary adverse finding, especially for individuals working offshore or in remote locations.
Agreed.
Individuals will have the opportunity to contact AusCheck to ask for an extension of time which will be granted in appropriate circumstances.
Recommendation 33
That AusCheck liaise with DIAC to develop and publicise a straightforward process by which the individual can challenge, or seek review of, preliminary advice from DIAC about the person’s citizenship/immigration status, the results of which will be communicated back to AusCheck.
Agreed.
Where appropriate, AusCheck will provide individuals with information regarding DIAC policy on how to change their details or challenge or review a DIAC decision. In the case of a person’s citizenship or immigration status, it is the issuing body that needs to be satisfied that the person is not an unlawful non-citizen. In the case of an MSIC, the issuing body must also be satisfied that the person’s visa allows them to work in Australia.
Accessing Information
Recommendation 48
That AusCheck ensure that the AusCheck Regulations only allow the manager of a maritime or aviation secure site to search the AusCheck database using a card number as the trigger for the search and that the results of the search to be displayed must be limited to the information that appears on the surface of the card.
Agreed in principle.
The AusCheck scheme provides for a card verification function. This function allows for certain classes of persons to have limited access to the AusCheck database for the purpose of verifying that an ASIC or MSIC is validly issued to an individual, and that the individual who is in possession of the card is the person to whom the card was issued (AusCheck Act 2007 section 14(2A)). These classes of persons may include people other than managers of secure sites, for example aviation security inspectors, security personnel and maritime industry participants. Such people will only have access to a limited search screen rather than full access to the database.
Searches for card verification purposes will only be possible using a card number or a combination of unique identifiers such as name, date of birth and issuing body. The results that are displayed from the search show only the details on the face of the card and, depending on the authorised level of access, the card status or validity.
Recommendation 49
That AusCheck ensure that the AusCheck Regulations allow issuing bodies to search the AusCheck database, using a card number, application number or batch number, for applications lodged by that issuing body as the trigger for the search, and that the results of the search to be displayed must be limited to reports on the progress of their applications, operational statistics and the data the issuing body already entered on each individual.
Agreed in principle.
Issuing bodies will be able to search the AusCheck database with a combination of unique identifiers including name and date of birth as well as card numbers. The results of the search are limited to the information the issuing body has provided to AusCheck and provides a means for them to display the progress of their own applications and the data they have entered on each individual. An issuing body cannot view information about applications lodged by any other issuing body.
This will be a function of the system rather than being specified in the Regulations.
Recommendations for administrative action
Further Consultation
Recommendation 5
That the Australian Government commit to commissioning a Privacy Impact Assessment and conducting public consultation prior to the development of any additional functions for AusCheck.
Recommendation 10
That the Australian Government commit to commissioning a Privacy Impact Assessment and conducting public consultation prior to any expansion in the scope or type of possible background checks to be conducted by AusCheck.
Recommendation 12
That the Australian Government commit to commissioning a Privacy Impact Assessment and conducting public consultation prior to the introduction of biometrics.
Agreed in principle.
Additional functions and expansion in the scope or type of background check conducted by AusCheck can only be created through amending the AusCheck Act 2007.
It is anticipated that before any significant amendment is made to the Act, the Government will conduct public consultation. A Privacy Impact Assessment will be done where necessary in accordance with the guidelines issued by the Office of the Privacy Commissioner’s Privacy Impact Assessment Guide 2006.
Release of Report
Recommendation 63
That this Report be provided immediately to the Senate Legal and Constitutional Affairs Committee for its Inquiry into the AusCheck Bill 2006.
Recommendation 64
That this Report be provided to the Australian Privacy Commissioner.
Recommendation 65
That this Report be published on the AusCheck web site, together with AusCheck’s graphical illustrations of the background checking process.
Agreed in part.
The concerns set out in the Senate Standing Committee on Legal and Constitutional Affairs Inquiry Report and the Privacy Impact Assessment were addressed by the Government during debate of the Bill. The Government made a number of amendments to address specific concerns expressed by the Committee.
The Privacy Impact Assessment will be published, along with this response, and a copy provided to the Australian Privacy Commissioner.
Application Forms/Privacy Notice
Recommendation 8
That AusCheck ensure the Application Form allows individuals to nominate a separate mailing address at which they prefer to receive any mail from AusCheck in the case of a preliminary adverse finding.
Agreed.
This will be provided for in the AusCheck computer system.
Recommendation 16
That the prescribed Application Form to be used by issuing bodies include an appropriate short-form privacy notice, with a note pointing to the AusCheck web site for further details.
Agreed.
Issuing bodies will be required to confirm that the individual has been provided with AusCheck’s privacy policy before an application for a background check is accepted by AusCheck. The privacy policy will be available for Issuing Bodies to distribute in hard copy and will also be published on the AusCheck web site.
Recommendation 57
That AusCheck develop, publish online and keep up-to-date, a plain language privacy policy setting out the sort of personal information it holds under the ASIC/MSIC scheme(s) and for what purposes, and how it collects, holds, uses and discloses that information.
Agreed.
This information will be provided in accordance with AusCheck’s obligations under Information Privacy Principle 5.
Recommendation 25
That AusCheck implement training on privacy obligations for all staff with access to information about card-holders or individuals applying for ASICs or MSICs.
Agreed.
Training on privacy obligations will be a component of induction training for AusCheck.
Correcting/Protecting Data
Recommendation 23
That when writing to individuals about preliminary or final adverse findings, AusCheck ensures it uses the separate mailing address, if any, nominated by the person.
Agreed.
The AusCheck system is designed to default to a mailing address if a separate mailing address is given by an individual.
Recommendation 29
That AusCheck develop an Access and Correction policy and procedures, setting out how an individual can seek access to their application information, background check results, and information about themselves, held on AusCheck’s database. The procedures should encompass liaison with the partner checking agencies (the AFP, ASIO and DIAC) where necessary.
Agreed.
AusCheck will develop a policy about how an individual can access and correct information about them held on the AusCheck database.
Recommendation 30
That AusCheck develop and publish a plain language brochure for individuals about their Access and Correction rights, setting out how an individual can seek access to their application information, background check results and information about themselves held on AusCheck’s database. The document should set out any fees, expected timeframes for responses and contact details for a responsible officer. The document should also set out how an individual can seek access, or correction, from each of the partner checking agencies (the AFP, ASIO and DIAC).
Agreed in principle.
AusCheck will develop a policy in relation to Access and Correction rights setting out how individuals can seek access to their personal information for correction purposes. In some circumstances individuals will be advised to contact the relevant agency directly as the source of the information.
Recommendation 36
That AusCheck monitor the pattern of challenges to accuracy by individuals with a view to informing the DOTARS auditing program of any emerging trends involving issuing bodies.
Agreed in principle.
AusCheck will keep a record of any cases where individuals contact AusCheck in relation to correcting errors in the records of personal information that AusCheck holds.
Recommendation 40
That AusCheck liaise with DIAC to establish the circumstances in which DIAC intends to use information collected under the MSIC or ASIC schemes for its own purposes and to ensure that such uses are legally authorised.
Agreed in principle.
Any use that DIAC makes of information it collects as an AusCheck checking partner under the MSIC or ASIC schemes must be legally authorised or otherwise comply with provisions of the Privacy Act 1988. .
Recommendation 41
That AusCheck ensure that its long-form privacy notice encompasses further immigration uses by DIAC if such uses are indeed contemplated.
Agreed.
AusCheck will make individuals aware that DIAC is able to use their information for further lawful purposes.
Recommendation 42
That before using (or disclosing) personal information for research purposes, AusCheck follows the NHMRC’s Guidelines under section 95 of the Privacy Act 1988 as if the research proposed was medical research.
Agreed in principle.
AusCheck will take such measures as are necessary to ensure that information provided for research purposes is appropriately de-identified.
Recommendation 46
That AusCheck develop and publish a protocol with the AFP, the Australian Crime Commission and ASIO, relating to the circumstances in which AusCheck will disclose personal information from its database to one or more of these agencies, with preference for:
- case-by-case requests
- involving a named subject or a limited class of card-holders
- justified in writing
- with reference to the information’s necessity for a specific investigation or prosecution.
Agreed in principle.
AusCheck will develop guidelines in consultation with the AFP, the Australian Crime Commission and ASIO relating to the disclosure and use of personal information from its database.
Such guidelines will include the process for making requests, and how and in what circumstances the information will be released.
Recommendation 6
That AusCheck ensure its business processes only start collecting identity document information when the DVS is operational, and then only collects the details necessary for checking against the DVS.
Agreed.
Collecting identity document information for AusCheck to verify identity will not occur until such time as the DVS is online. When this occurs, a suitable framework and policy will be developed.
Recommendation 50
That before the DVS commences operations, AusCheck develop and publish a protocol on what additional action might be taken by AusCheck in the event that the DVS suggests one or more documents are not genuine.
Agreed in principle.
Relevant policies and procedures will be developed during the DVS implementation phase and incorporated into AusCheck procedures as appropriate.
Recommendation 52
That AusCheck consider the following suggestions when developing its document retention/destruction schedule:
- that information about identity documents collected for verification against the DVS be deleted as soon as the identity is verified to AusCheck’s satisfaction
- that individuals’ residential address(es) be deleted within one year of finalisation (ie from when either a card is issued or any appeal rights are exhausted)
- that background checking results be deleted within one year of finalisation, and
- that all other personal information about card-holders be deleted between 6 and 7 years after the card’s most recent expiry date without renewal application.
Recommendation 54
That AusCheck develop its policy on document destruction to ensure that an appropriate, secure means of disposal is used, in accordance with the relevant PSM classification of material.
Agreed.
The information on the AusCheck database will be kept and disposed of in accordance with the Department’s Records Disposal Authority. The Authority has been approved by the National Archives of Australia.
The Authority is an integral part of the recordkeeping program of the agency, taking into consideration the requirements for creation, capture, maintenance and disposal of the agency’s records.
These requirements are based on business needs, broader organisational accountability and community expectations.
This provides an open and accountable framework for managing recordkeeping obligations and the Department sees no need to depart from this usual arrangement.
Once AusCheck is operational, the Department will undertake an assessment of its business process, areas of risk and the records required to be created and kept by AusCheck to determine the retention requirements for all AusCheck’s records.
As a Division within the Attorney-General’s Department, AusCheck is required to comply with the Protective Security Manual with respect to the destruction of classified material.
Other Matters
Recommendation 22
That when writing to individuals about preliminary or final adverse findings, AusCheck only use registered mail.
Agreed.
Recommendation 59
That AusCheck nominate a Privacy Contact Officer, with contact details available in AusCheck’s published privacy policy.
Agreed.
The Departmental Privacy Officer will be the contact point for all privacy enquiries regarding the AusCheck scheme.
Recommendation 62
That AusCheck establish a stakeholder liaison committee, with industry and union representation, to monitor implementation and review the scheme after two years.
Agree in principle.
AusCheck will establish an Industry Consultation Group after the scheme is established to allow AusCheck to engage in further industry consultation.
Recommendations for IT system requirements
Recommendation 7
That AusCheck hold residential address details separately from information about card-holders, and that residential address details be deleted once the background checking process is complete.
Recommendation 24
That AusCheck hold the background check results (criminal, security and immigration) in a system separate from the database about card-holders, and that checking results be deleted once the background checking process is complete and either a card is issued or any appeal rights are exhausted.
Agreed in principle.
In addition to providing a background checking coordination service for ASIC and MSIC applications, AusCheck has the function of maintaining an up to date database of card holders and applicants (AusCheck Act 2007 section 9(1)(i)) and information will need to be retained for this purpose. There are a number of strict controls and limitations in place that protect the information held on the AusCheck database. Section 14 of the AusCheck Act 2007 sets out the limited ways in which the information can be used.
Recommendation 17
That AusCheck place on their web site an appropriate long-form privacy notice.
Agreed.
A long-form notice has been drafted and will be placed on the AusCheck web site.
Recommendation 18
That AusCheck request DOTARS to make a link from their web site to the AusCheck web site’s long-form privacy notice.
Agreed.
AusCheck will request DOTARS to make a link from their web site to the long-form privacy notice on the AusCheck web site.
Recommendation 38
That AusCheck develop its database to ensure there is sufficient separation to prevent linking between information about MSIC and ASIC card-holders and information about any other class of persons that may be collected in the future.
Agreed in principle.
Currently there is no class of persons that AusCheck will be background checking other than ASIC and MSIC applicants. An amendment to the AusCheck Act 2007 would be required for any new background-checking schemes which would result in system changes.
Recommendation 26
That AusCheck introduce a program of regular independent, external audits of the security of its systems, procedures and people.
Agreed in principle.
The AusCheck system will meet the requirements set out by the Defence Signals Directorate, Australian Government Information Technology Security Manual (ACSI 33) and the Protective Security Manual.
The AusCheck system will be subject to ordinary departmental audit requirements.
Guidelines for Issuing Bodies
Privacy Obligations
Recommendation 3
That AusCheck prepare guidelines for issuing bodies to remind issuing bodies not to collect more personal information about individuals than the Application Form allows.
Recommendation 20
That AusCheck develop guidelines for issuing bodies to require the long-form privacy notice be included in the issuing body’s privacy policy.
Recommendation 39
That AusCheck develop guidelines for issuing bodies, noting that secondary use of personal information collected under the scheme is not permitted and may be unlawful, and that applications cannot be made conditional upon individuals giving ‘consent’ to any unrelated secondary uses (or disclosures) of their personal information.
Recommendation 58
That AusCheck develop guidelines for issuing bodies which require issuing bodies to publish online, and keep up-to-date, a plain language privacy policy setting out what sort of personal information they hold under the ASIC/MSIC scheme(s), for what purposes, and how they collect, hold, use and disclose that information.
Recommendation 31
That AusCheck develop guidelines for issuing bodies, requiring them to facilitate access and amendment by individuals, without undue delay or expense.
Recommendation 53
That AusCheck develop guidelines for issuing bodies to require them to not keep their records longer than is necessary.
Recommendation 27
That AusCheck develop guidelines for issuing bodies to require them to take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.
Recommendation 55
That AusCheck develop guidelines for issuing bodies to require them to use secure means of data disposal.
Recommendation 60
That AusCheck develop guidelines for issuing bodies to require them to nominate a Privacy Contact Officer, with contact details available, in their published privacy policy.
Recommendation 61
That AusCheck liaise with DOTARS about the authorisation process for issuing bodies, with a view to DOTARS requiring them to formally ‘opt in’ to the NPPs by listing on the Privacy Commissioner’s web site if they are not already covered by the NPPs, IPPs or a State equivalent.
Agreed in principle.
AusCheck will inform issuing bodies of their privacy obligations to the extent necessary and will encourage them to adopt good privacy practice.
The Department of Transport and Regional Services (DOTARS) remains the department responsible for the authorisation, oversight and auditing of issuing bodies under the ASIC and MSIC schemes, which are established under the Aviation Transport Security Regulations 2005 and the Maritime Transport and Offshore Facilities Security Regulations 2003.
Information will be given to issuing bodies in relation to information collected for AusCheck’s purposes.
AusCheck will encourage issuing bodies to adopt good privacy policy and will raise this issue with DOTARS in the context of its responsibility for administration of the ASIC and MSIC schemes.
Recommendation 21
That AusCheck develop guidelines for employers in the maritime and aviation industries to require them to notify prospective employees about the background checking process.
Agreed in principle.
AusCheck will suggest issuing bodies take active steps to make prospective employees aware of background-checking processes.
Recommendation 19
That AusCheck request DOTARS to include in its auditing program a review of whether issuing bodies are using the prescribed Application Form.
Agreed in principle.
The AusCheck Regulations will require an application to AusCheck for a background check to be made electronically. Before an application will be accepted using the electronic facility, issuing bodies are required to confirm that the individual has been given a copy of the AusCheck privacy notice.
Recommendation 28
That AusCheck request DOTARS to include in its auditing program a review of whether issuing bodies are adequately protecting data security.
Recommendation 35
That AusCheck request DOTARS to include in its auditing program a review of whether issuing bodies are taking adequate steps to verify the accuracy of identity data before submitting an application.
Recommendation 56
That AusCheck request DOTARS to include in its auditing program a review of whether issuing bodies are using secure means of data disposal and disposing of records in accordance with an appropriate retention/destruction policy.
Agree in principle.
AusCheck will raise auditing issues with DOTARS in the context of its responsibility for administration of the ASIC and MSIC schemes.
Collecting Documents
Recommendation 14
That AusCheck ensure that the AusCheck Regulations authorise issuing bodies to collect details or copies of an individual’s identity documents, but only for the purpose of identifying the person, and/or collecting information relevant to their citizenship/immigration status, for AusCheck’s background checking processes.
Recommendation 15
That AusCheck develop guidelines for issuing bodies to ensure that details or copies of an individual’s identity documents are only stored, used or disclosed by issuing bodies for AusCheck’s background checking processes, where required by DOTARS under an audit or an investigation, or where otherwise required to be used or disclosed by law.
Recommendation 34
That AusCheck ensure that the AusCheck Regulations specify that:
- original identity documents must be sighted, and copies then taken from the originals, by the issuing body themselves, or by their agent (such as Australia Post), and
- photographs of individuals must be taken by the issuing body or their agent, or must be certified following a face-to-face interview with the issuing body or their agent.
Agreed in principle.
Currently, issuing bodies are required to abide by the record-keeping and recording obligations necessary to demonstrate they have complied with an ASIC program or MSIC plan (Aviation Transport Security Regulations (regulation 6.24) and Maritime Transport and Offshore Facilities Security Regulations (regulation 6.08U)).
Collecting identity document information for AusCheck to verify identity will not occur until such time as the DVS is online. When this occurs a suitable framework and policy will be developed.
The AusCheck Regulations will require issuing bodies to provide a photograph to AusCheck of each individual issued with an ASIC or an MSIC unless they obtain an exemption. The photographs will be copies of the photograph that is required to appear on the front of each ASIC and MSIC and as such will be required to meet specifications in the Aviation Transport Security Regulations and the Maritime Transport and Offshore Facilities Security Regulations.
