Examination of mobile phones and other electronic devices at the airport

Louise Boon-Kuo made this Freedom of Information request to Department of Home Affairs

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Dear Department of Home Affairs,

Under Freedom of Information I request any information, records, paper documents, electronic records (or their contents) held or accessible by the Department of Home Affairs (‘DHA’) in relation to the activities of officers (including Electronic Examination officers) or Immigration and Border Protection workers (all collectively referred to as ‘officers’ for the purpose of this request) under the Customs Act 1901 (Cth) or Migration Act 1958 (Cth) or Australian Border Force Act 2015 (Cth) in the examination, copy of contents, extraction of data from, and retention of, mobile phones or other digital devices at the airport, specifically:

1. Any documents including policies, procedures, checklists, protocols or pro forma templates in databases (including the Customs document management system and the pro forma template forms for Information Reports and BAGS reports) guiding the activities of officers in the examination, copy of contents, extraction of data from, and retention of, mobile phones or other digital devices.

2. Any training materials or explanatory documents produced for officers explaining the meaning of provisions under s 186 or s 186A of the Customs Act 1901 (Cth) or s 252 of the Migration Act 1958 (Cth); explaining the authority of officers to examine, copy contents or extract data from or retain mobile phones or other digital devices; or guiding officers in the appropriate use of these powers.

3. Any documents including policies, procedures, protocols, checklists, or proforma templates or forms in databases guiding or triggering officers to use XRY software to examine and analyse the contents of mobile phones and other digital devices at the airport.

4. Any documents, guidelines or protocols concerning how an alleged breach of migration or customs law that has been identified by examination of a digital device and/or associated action such as interview at the airport is to be dealt with by the DHA or other body (for example, the Australian Federal Police or the Commonwealth Director of Public Prosecutions) when the alleged conduct also amounts to a criminal offence.

5. The total number of mobile phones:

a. examined under s 186 of the Customs Act 1901 (Cth) in the period 1 July 2009-30 June 2019, broken down by fiscal year and country of citizenship or nationality.

b. examined under s 252 of the Migration Act 1958 (Cth) in the period 1 July 2009-30 June 2019, broken down by fiscal year and country of citizenship or nationality.

c. in which officers have made a copy or taken an extract from the device under s 186A of the Migration Act 1958 (Cth) in the period 1 July 2009-30 June 2019, broken down by fiscal year and country of citizenship or nationality.

6. The total number of electronic devices other than mobile phones:

a. examined under s 186 of the Customs Act 1901 (Cth) in the period 1 July 2009-30 June 2019, broken down by fiscal year and country of citizenship or nationality.

b. examined under s 252 of the Migration Act 1958 (Cth) in the period 1 July 2009-30 June 2019, broken down by fiscal year and country of citizenship or nationality.

7. A description of action taken following examination of mobile phones and other electronic devices including:

a. The number of visa cancellations following examination in the period 1 July 2009-30 June 2019, the legal provision for that cancellation (e.g. s 116 of the Migration Act 1958 (Cth)), and a description of the reason for cancellation, broken down by fiscal year.

b. The number of referrals to the police or other law enforcement agency or Department of Public Prosecutions following examination in the period 1 July 2009-30 June 2019 and the reason for that referral, broken down by fiscal year.

c. The number of prosecutions following examination in the period 1 July 2009-30 June 2019, broken down by the alleged offence prosecuted and fiscal year.

d. The number of travellers taken into immigration detentions under s 189 of the Migration Act 1958 (Cth) following examination in the period 1 July 2009-30 June 2019 broken down by fiscal year.

e. The number of travellers taken into questioning detention under s 192 of the Migration Act 1958 (Cth) during or following examination in the period 1 July 2009-30 June 2019 broken down by fiscal year.

8. The total number of complaints made to the Department by travellers in relation to the examination of mobile phones and a description in relation to the examination of mobile phones or other electronic devices, the copying of data or retention of electronic devices; broken down by the country of nationality or citizenship of the complainant and fiscal year.

Yours faithfully,

Louise Boon-Kuo

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Information updated 21 October 2019

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References

UNCLASSIFIED

In reply please quote:
FOI Request: FA 20/01/01226
File Number: OBJ2020/3207

Dear Ms Boon-Kuo,

Acknowledgement of Freedom of Information Access request

I refer to your correspondence received on 31 January 2020 seeking access to documents held by the Department of Home Affairs (the Department) under the Freedom of Information Act 1982 (the FOI Act).

You have requested access to the following:

Any information, records, paper documents, electronic records (or their contents) held or accessible by the Department of Home Affairs (‘DHA’) in relation to the activities of officers (including Electronic Examination officers) or Immigration and Border Protection workers (all collectively referred to as ‘officers’ for the purpose of this request) under the Customs Act 1901 (Cth) or Migration Act 1958 (Cth) or Australian Border Force Act 2015 (Cth) in the examination, copy of contents, extraction of data from, and retention of, mobile phones or other digital devices at the airport, specifically: