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ARTICLE · 15 NOVEMBER 2013

The FBI has not been here...yet! - implications for Australian privacy law

Apple released its first-ever report of requests from government agencies worldwide for customer personal information.

AustraliaPrivacy

Last week, Apple released its first ever report detailing requests from government agencies worldwide in respect of its customers' personal information. Interestingly, the report ends with the following note:

'Apple has never received an order under Section 215 of the USA Patriot Act. We would expect to challenge such an order if served on us.'

Oh yes, intrigue.

The exceptionally well named Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Patriot Act) provides that the FBI can order the production of any tangible things (records, papers, documents etc) for an investigation to protect against terrorism and intelligence activities. If it's your information they're after, you don't have the right to know they're after it, let alone object. They don't even need to demonstrate reasonable grounds to believe that you're engaged in criminal activity. It also puts a gag on anyone receiving such an

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