What kind of personal information does Customs collect, and why?

In Plain English

Customs collects personal information for a few main reasons:

  • To regulate duty-free shops: They collect information from shop owners and travelers to make sure the system works properly and to protect Australia's supply chains.
  • To control access to cargo terminals: They collect information from people entering cargo terminals to keep records and prevent criminal activity.
  • To manage searches: They collect information about people who move or access records of customs searches to protect the privacy of those who were searched.
  • To issue fines: They collect information to issue infringement notices (fines) for breaking customs laws.
  • To verify claims for preferential tariff treatment: When goods are exported with a claim for lower tariffs based on their origin (e.g., Australian goods going to Hong Kong), customs collects information, including personal details of exporters and importers, to verify the goods meet the requirements for those tariffs. This is often done to comply with international trade agreements.
  • To monitor people working in restricted areas: Customs collects identity information of people working in restricted areas to ensure compliance with the law.

Detailed Explanation

Based on the provided legislative context, the Australian Customs Service collects personal information under various circumstances, primarily authorized by the Customs Act 1901 and related regulations. The reasons for this collection are multifaceted and tied to specific functions and international obligations.

Here's a breakdown of the types of personal information collected and the justifications for their collection:

  1. Duty-Free Shop Regulation (Parts 6 of Customs Regulation, mentioned in Legislation (Deferral of Sunsetting—Customs Regulation) Certificate 2024):

    • Personal Information: Proprietor's name, shop name, shop address, traveler information (for proof of travel, invoices, storage, and delivery).
    • Purpose: Considering applications to operate duty-free shops, maintaining an effective regulatory system, and protecting Australia's supply chains.
    • Justification: Considered reasonable, necessary, and proportionate to the objective.

    • Cargo Terminal Access Control (Part 7 of Customs Regulation, mentioned in Legislation (Deferral of Sunsetting—Customs Regulation) Certificate 2024):

    • Personal Information: Full name, unique identifier from identification (e.g., electronic access card, transport security identification card, driver’s license, or passport).

    • Purpose: Record-keeping for cargo terminals, providing the Australian Border Force (ABF) with visibility of individuals accessing cargo subject to customs control.
    • Justification: Consistent with obligations on other entities in the cargo supply chain, aimed at protecting the supply chain against criminal infiltration.

    • Search Record Security (Part 14 of Customs Regulation, mentioned in Legislation (Deferral of Sunsetting—Customs Regulation) Certificate 2024):

    • Personal Information: Names of persons moving or removing search records, reasons for removal, and dates of removal.

    • Purpose: Ensuring the privacy of individuals subject to external or internal non-medical scans by maintaining a clear chain of custody for search records.
    • Justification: Reasonable, necessary, and proportionate to protect the privacy of those searched.

    • Infringement Notice Scheme (Part 15 of Customs Regulation, mentioned in Legislation (Deferral of Sunsetting—Customs Regulation) Certificate 2024):

    • Personal Information: Information required to issue an infringement notice.

    • Purpose: Administering the infringement notice scheme under the Customs Act 1901.
    • Justification: Reasonable, necessary, and proportionate to support the legitimate objectives of the scheme.

    • Rules of Origin Verification (Various Customs (Rules of Origin) Regulations):

    • Personal Information: Exporter and importer details, including names and addresses, as part of the Declaration of Origin or Certificate of Origin.

    • Purpose: Verifying the origin of goods to determine eligibility for preferential tariff treatment under free trade agreements (e.g., with Hong Kong (Customs (Hong Kong Rules of Origin) Regulations 2019), Pacific Islands (Customs (Pacific Islands Rules of Origin) Regulations 2018), the United Kingdom (Customs (United Kingdom Rules of Origin) Regulations 2022), India (Customs (Indian Rules of Origin) Regulations 2022), the United Arab Emirates (Customs (United Arab Emirates Rules of Origin) Regulations 2025), and Peru (Customs (Peruvian Rules of Origin) Regulations 2019)).
    • Justification: Facilitating and supporting Australia’s international obligations under trade agreements. The collection and disclosure are limited to verifying claims for preferential tariff treatment and are considered reasonable and proportionate.

    • Restricted Area Employee Information (Customs Act 1901 section 213A):

    • Personal Information: Name, address, date and place of birth, and any other information prescribed by regulations.

    • Purpose: To identify people working in restricted areas.
    • Justification: To ensure compliance with the law.

The documents emphasize that while the collection and disclosure of personal information may limit the right to privacy under Article 17 of the International Covenant on Civil and Political Rights (ICCPR), such limitations are considered reasonable, necessary, and proportionate to achieve legitimate objectives, such as protecting supply chains, ensuring border security, and fulfilling international trade obligations. The documents also state that the collection and disclosure of personal information are authorized under the Privacy Act 1988 and, where applicable, the Australian Border Force Act 2015, and that the existing protections are not altered.