Most of the identity-matching services created by the Bill involve the use of a variety of identification information including a facial and the use of biometric analysis of that image for the purpose of verifying or establishing identity. The Identity Bill would also permit the Minister to make rules defining new forms of identification information. The Minister would also be required to consult the Human Rights Commissioner and the Information Commissioner before making any such rules. To make such rules, the Minister must be satisfied that the information: be used alone, or in conjunction with other information, to identify an individual reasonably necessary to provide one or more identity-matching ‘is services’, and assist in one or more identity or community protection activities’. ‘would The Bill contains a list of or community protection activities.’ While the ‘Identity list is exhaustive, many of the items encompass a broad range of activities. They are: and detecting identity fraud’ ‘preventing enforcement activities’, which include detecting or ‘law ‘preventing, prosecuting’ offences against any federal, state or territory laws security activities’, include an investigation, or ‘national ‘conducting gathering intelligence, relevant to Australia’s national security’ security activities’, which include the security of ‘protective ‘promoting an asset, facility or person associated with government’ safety activities’, include community safety’ ‘community ‘promoting by identifying persons who have suffered, or are believed to ‘reasonably be at risk or suffering, physical harm’, as well as missing or dead persons safety activities’, including road safety’ and ‘road ‘promoting ‘promoting the integrity of the driver licensing systems’ verifying the identity of individuals. The Explanatory Memorandum makes clear that this rule-making power would authorise the Minister to specify new kinds of biometric information about individuals to be used in providing identity-matching services. Of particular concern in relation to this rule-making is the breadth of the definition of and community protection activities.’ Some reasons that ‘identity is a matter of concern are:
Most of the identity-matching services created by the Bill involve the use of a variety of identification information including a facial and the use of biometric analysis of that image for the purpose of verifying or establishing identity. The Identity Bill would also permit the Minister to make rules defining new forms of identification information. The Minister would also be required to consult the Human Rights Commissioner and the Information Commissioner before making any such rules. To make such rules, the Minister must be satisfied that the information: be used alone, or in conjunction with other information, to identify an individual ‘is reasonably necessary to provide one or more identity-matching services’, and ‘would assist in one or more identity or community protection activities’. The Bill contains a list of ‘Identity or community protection activities.’ While the list is exhaustive, many of the items encompass a broad range of activities. They are: ‘preventing and detecting identity fraud’ ‘law enforcement activities’, which include ‘preventing, detecting or prosecuting’ offences against any federal, state or territory laws ‘national security activities’, include ‘conducting an investigation, or gathering intelligence, relevant to Australia’s national security’ ‘protective security activities’, which include ‘promoting the security of an asset, facility or person associated with government’ ‘community safety activities’, include ‘promoting community safety’ by identifying persons who have suffered, or are ‘reasonably believed to be at risk or suffering, physical harm’, as well as missing or dead persons ‘road safety activities’, including ‘promoting road safety’ and ‘promoting the integrity of the driver licensing systems’ verifying the identity of individuals. The Explanatory Memorandum makes clear that this rule-making power would authorise the Minister to specify new kinds of biometric information about individuals to be used in providing identity-matching services. Of particular concern in relation to this rule-making is the breadth of the definition of ‘identity and community protection activities.’ Some reasons that is a matter of concern are:
2019-03-29_AHRC_Submission_ID-Matching-Bill_Final.docx