Sydney hostage crisis not a carte blanche for data retention

As the Parliamentary Joint Committee on Intelligence and Security (PJCIS) convenes its hearings today in the wake of the Sydney hostage crisis, the Pirate Party urges that this tragedy not be used to hastily legislate mandatory data retention. The Pirate Party, while acknowledging and praising the work of NSW Police in resolving the situation, is deeply concerned about the effectiveness of existing investigative and monitoring procedures.

“We must be cautious not to allow this tragedy to cover the passing of legislation that disrupts fundamental rights and freedoms,” commented Brendan Molloy, President of the Pirate Party. “To date, all incidents that could have been preempted have been with existing police powers. Incidents like the Sydney Hostage Crisis would not be preempted with data retention.”

“A significant question that needs to be answered is how a person such as the perpetrator, Man Haron Monis, who was known[1][2][3] to be a potential threat to the community was not under targeted surveillance, as there are already sufficient powers for this purpose. Our law enforcement and intelligence agencies seem too caught up in pushing for more powers and tools, including data retention, rather than responsibly and effectively using the powers they already have.”

“It is vital that this tragedy is not used to needlessly take away the rights and freedoms so basic to our democracy. We urge the Committee on Intelligence and Security to seriously consider the reality that ‘lone actor’ attacks are conducted by people who will not be detected through data retention, and that terrorist organisations know this and are using it to their advantage[4].”

As with previous inquiries into National Security, the Pirate Party intends to make a submission to the PJCIS on or before 19 January 2015. The Party encourages all concerned members of the public to also submit.

[1] http://www.abc.net.au/news/2009-11-09/radical-muslim-cleric-goes-unchecked/1135594
[2] http://www.theage.com.au/nsw/sydney-siege-gunman-man-haron-monis-was-on-bail-for-40-sexual-assault-charges-and-accessory-to-murder-20141215-127u1e.html
[3] http://www.theguardian.com/australia-news/commentisfree/2014/dec/16/sydney-siege-should-not-be-used-to-justify-draconian-anti-terrorism-laws?CMP
[4] http://www.nytimes.com/2014/12/17/world/asia/sydney-australia-hostages-anti-terrorism-measures.html?_r=0