The defence and defence intelligence agencies

Intelligence agencies

34.6 Under the Privacy Act, intelligence agencies are defined to mean ASIO, ASIS and the ONA.^[5] Acts and practices of these agencies are completely exempt from the operation of the Privacy Act.^[6] A record that has originated with, or has been received from, an intelligence agency also is excluded from the operation of the Act.^[7] Accordingly, agencies and organisations receiving a record from an intelligence agency are exempt from the operation of the Privacy Act in relation to that record. In addition, disclosure of personal information to ASIO or ASIS is not covered by the Act.^[8]

34.7 ASIO’s main role is to obtain, correlate and evaluate intelligence relevant to security, enabling it to advise the government about risks to national security. It also provides security assessments, gives protective security advice and collects foreign intelligence in Australia.^[9] The Australian Security Intelligence Organisation Act 1979 (Cth) (ASIO Act) defines ‘security’ as the protection of Australia and its people from espionage, sabotage, politically motivated violence, the promotion of communal violence, attacks on Australia’s defence system and acts of foreign interference; and the carrying out of Australia’s responsibilities to any foreign country in relation to these matters.^[10] ASIO falls within the portfolio responsibilities of the Attorney-General.

34.8 ASIS is Australia’s overseas intelligence collection agency. Its role is to collect and distribute foreign intelligence that may impact on Australian interests, undertake counter-intelligence activities and liaise with overseas intelligence and security agencies.^[11] ASIS is responsible to the Australian Government through the Minister for Foreign Affairs.^[12] Under the Intelligence Services Act 2001 (Cth), the Director-General of ASIS is directly responsible to the Minister.^[13]

34.9 The ONA was established by the Office of National Assessments Act 1977 (Cth) as an independent agency accountable to the Prime Minister. It produces assessments and reports on international political, strategic and economic matters in order to assist the Prime Minister, ministers and departments in the formation of policy and plans. The ONA also coordinates Australia’s foreign intelligence activities and matters of common interest to the foreign intelligence agencies. In addition, the ONA is responsible for evaluating Australia’s foreign intelligence activities and providing advice on the adequacy of resources available for such activities.^[14] The Director-General of the ONA is an independent statutory office holder, and as such is not subject to external direction on the content of assessments by the ONA.^[15]

Defence intelligence agencies

34.10 The Defence Intelligence Group in the Department of Defence consists of three units: the DSD, the DIGO and the DIO. They are exempt from the operation of the Privacy Act where their acts and practices relate to their activities.^[16] Records that have originated with, or have been received from, these agencies also are excluded from the operation of the Act.^[17] Accordingly, agencies and organisations receiving a record from these agencies are exempt from the operation of the Privacy Act in relation to that record. Furthermore, disclosure of personal information to the DSD is not covered by the Act.^[18]

34.11 The functions of the DSD and the DIGO, and certain limits on their activities, are set out in the Intelligence Services Act. The DSD is the national authority on security of information on communications and information systems across government. Its principal functions are to collect and communicate foreign signals intelligence, and provide advice to the Australian Government on the security and integrity of information processed, stored or communicated in electronic form.^[19]

34.12 The DIGO provides intelligence information derived from imagery and other sources in support of Australia’s defence and national interests.^[20] It is responsible for obtaining and communicating imagery and geospatial intelligence to help meet Australia’s foreign intelligence requirements, supporting the operations of the Australian Defence Force, and supporting the national security and emergency response functions of federal, state and territory authorities.^[21]

34.13 The DIO analyses foreign developments and provides intelligence assessments to support the Department of Defence, the planning and conduct of defence force operations, and wider government decision making. It is responsible for assessing military intelligence relating to global security trends, weapons of mass destruction, terrorism, military capabilities, defence economics, and science and technology with military applications.^[22] There is no legislation specific to the DIO, although some of its activities are covered under the Intelligence Services Act.^[23]