What is an 'international production order' and how can it affect my data?

In Plain English

An international production order is basically a legal request from a foreign country, approved by an Australian authority, that requires an Australian telecommunications provider (like your internet or phone company) to hand over certain data. This data could include the content of your communications (like emails or messages) or just information about your communications (like who you called and when).

These orders are used in situations like:

• Investigating serious crimes.
• Monitoring individuals who are subject to control orders (similar to restraining orders, but often related to terrorism).
• Supervising individuals who are subject to Part 5.3 supervisory orders.

The type of data that can be accessed depends on the specific order, but it could include things like:

• The content of your communications (messages, calls, emails, etc.).
• Recordings of your voice or video calls.
• Material you've stored online (like in a cloud backup service).
• Posts you've made on social media.
• Information about your communications, like who you contacted, when, and for how long.

Detailed Explanation

An "international production order" is a legal instrument under Australian law that compels a "prescribed communications provider" to disclose certain information or data to a "relevant agency" or an "Organisation" (likely a foreign entity) Telecommunications Legislation Amendment (International Production Orders) Act 2021. The legal basis for these orders is found in the Telecommunications (Interception and Access) Act 1979.

Here's a breakdown of how it can affect your data:

1. Types of Data Affected: The Telecommunications Legislation Amendment (International Production Orders) Act 2021 specifies several types of data that can be subject to an international production order, including:

   • Stored Communications: This includes communications you've made using a telecommunications network, messages sent or received via messaging apps, recordings of voice and video calls, material uploaded for storage or backup, and content posted on general electronic content services Telecommunications Legislation Amendment (International Production Orders) Act 2021.
   • Telecommunications Data: This refers to data about your communications, such as the numbers you called, the time and duration of calls, and your location data. Telecommunications Legislation Amendment (International Production Orders) Act 2021.

2. Circumstances for Issuance: An international production order can be issued in several circumstances:

   • Enforcement of Criminal Law: If a criminal law-enforcement agency is investigating a "serious category 1 offence," an issuing authority can issue an order if they suspect that a prescribed communications provider holds stored communications or telecommunications data that would assist the investigation Telecommunications (Interception and Access) Act 1979.
   • Control Orders: An order can be issued in relation to a person who is subject to a control order, for purposes connected with monitoring that person Telecommunications Legislation Amendment (International Production Orders) Act 2021.
   • Part 5.3 Supervisory Orders: Similar to control orders, these orders can be issued to monitor individuals subject to Part 5.3 supervisory orders Telecommunications (Interception and Access) Act 1979.

3. Issuing Authority and Designated International Agreement: The order must nominate a "designated international agreement," and the issuing authority must be satisfied that certain conditions are met, including compliance with relevant subdivisions of the Telecommunications (Interception and Access) Act 1979.

4. Provider's Obligations: If an international production order is issued to a prescribed communications provider, they may be required to:

   • Make a copy of stored communications and make it available to a relevant agency or the Organisation Telecommunications Legislation Amendment (International Production Orders) Act 2021.
   • Disclose telecommunications data to a relevant agency or the Organisation Telecommunications Legislation Amendment (International Production Orders) Act 2021.

5. Safeguards and Oversight:

   • Revocation: An international production order can be revoked if the grounds on which it was issued cease to exist Telecommunications (Interception and Access) Act 1979.
   • Designated Authority: The "Australian Designated Authority" plays a role in ensuring compliance with designated international agreements and can cancel an order if it doesn't comply Telecommunications (Interception and Access) Act 1979.
   • Compliance with Agreements: The Telecommunications (Interception and Access) Regulations 2017 highlights the importance of compliance with international agreements, including review of orders and certifications by the Issuing Party's Designated Authority.