Author: Niamh Kinchin

Niamh Kinchin is a senior lecturer with the School of Law at the University of Wollongong. She has been teaching since 2008, primarily teaching Administrative Law and Constitutional Law, and more recently Refugee Law. Niamh obtained her PhD from UNSW in 2014, in which she examined the accountability obligations of the United Nations High Commissioner for Refugees. Her current research interests are administrative justice at the global level and technology in administrative decision-making.

February 1, 2022September 22, 2022 by Niamh Kinchin

Electronic surveillance law review won’t stop Border Force’s warrantless phone snooping

Australia’s electronic surveillance laws are being reformed with a goal of making them “clearer, more coherent and better adapted to the modern world”. However, there is one significant set of powers beyond the scope of the reforms: the Australian Border Force’s (ABF) broad powers to search personal digital devices and copy electronic information without a warrant. One man who had his phone searched by the ABF on entering the country recently told The Guardian he had “no idea what officials looked at, whether a copy of any of the data was made, where it would be stored and who would have access to it”. The surveillance reform aims to deliver better protection of individuals’ information and ensure law enforcement agencies have the powers to investigate serious crimes and threats to security. So why has the privacy of travellers and migrants who cross Australia’s border been left so exposed? Read More