Explanatory Statement for 2020 Rules

Explanatory Statement - Revisions to the ASD Rules to Protect the Privacy of Australians

ASD has revised its Rules to Protect the Privacy of Australians (Privacy Rules).

The Privacy Rules are made in accordance with section 15 of the Intelligence Services Act 2001. 

The revised Privacy Rules continue to ensure that ASD preserves the privacy of Australian people consistent with the performance of ASD functions.

What has changed?

Throughout the new Privacy Rules, the agency name of the Australian Signals Directorate and Australian Geospatial-Intelligence Organisation have been updated.

ASD has included a definition of ‘intelligence information’ as defined in the Intelligence Services Act 2001 to clearly identify the scope of information the Privacy Rules cover.

A new sub-paragraph has been added to rule 3.2. This change confirms that ASD is permitted to obtain and communicate intelligence information concerning an Australian person where consent is given by that person. 

The Defence Intelligence Organisation and Office of National Intelligence have been added to rule 3.3 as agencies that ASD is permitted to communicate information concerning an Australian person where it relates, or appears to relate, to the performance of those agencies’ functions. This proposed change is consistent with the role of ASD as a collection agency in providing intelligence as input for ONI’s and DIO’s assessments for government. ASD is permitted to share intelligence information with ONI and DIO in accordance with the Intelligence Services Act 2001.

Other grammatical improvements and the addition of references to relevant sections of the Intelligence Services Act 2001 were made in rule 3.2 and 4.1.