The Law and Policy program investigates the policy and legal framework that would balance societal and individual interests and enable appropriate implementation of the tools developed by the CRC. The Law and Policy Program is a program shared between the La Trobe Law School, Deakin Law School and UNSW Law. The Program’s work is informed by the needs of government end-users, channelled through the Attorney-General’s Department as the government lead on appropriate laws and policies in the national security and law enforcement space.
In June 2016 the Program completed its first CRC project, Big Data Technology and National Security: Comparative International Perspectives on Strategy, Policy and Law in Australia, the United Kingdom and Canada. The project examined the policies, regulatory approaches, processes and strategies used by these countries to balance the management and exploitation of Big Data for law enforcement and national security purposes, while safeguarding confidentiality and security of sensitive personal information, as well as the accuracy of data sets. The project employs a mixture of legal and empirical research methods drawing, among others, on interviews with key stakeholders, doctrinal analysis of legal and regulatory frameworks.
The program is currently investigating guiding principles in the design, regulation, implementation, governance and oversight of data-based decision-support technologies for law enforcement and national security. It is also completing a project on identity assurance.
Practical perspectives on a balanced, enabling regulatory framework for data-based decision-support technologies
used by law enforcement & national security
Professor Louis de Koker (Program Lead)
La Trobe University
This project focuses on defining an enabling policy and regulatory framework to support the development and implementation of innovative, ‘Big Data’ solutions to priority needs presented as ‘business cases’ by the Attorney-General’s Department (AGD) and other national security and law enforcement agencies. The project’s main case studies include identity assurance and information sharing to enhance combating of serious and organised crime. A further two business cases will be elicited from government end-users. It is anticipated that one of these business cases will be around Risk Profiling.
Guiding principles in the design, regulation, implementation, governance and oversight of data-based decision-support technologies for law enforcement
Associate Professor Lyria Bennett Moses
University of New South Wales Law
This project focuses developing and articulating principles to guide technologists, policy makers and users in design, regulation, implementation, governance and oversight of data-based decision-support technologies in law enforcement and national security. This project will map how these principles relate to values and rights as well as opportunities and risks that arise at different stages of the data handling process for government agencies and external third parties. The project also identifies appropriate risk management frameworks, appropriate Compliance by Design approaches and key regulatory and governance issues.
University of New South Wales
Data Dislocation: Australian Policy Surrounding Transborder Data In Security and Surveillance
University of New South Wales
Australian Story: Advance Metadata Fair
Mobile Financial Services: Regulatory Responses in Australia, Kenya and South Africa
Improving Strategic Direction and Implementation of Big Data in Australian National Security Agencies: A New Framework to Inform Decision Makers