If the DNA or fingerprint query returns a reference match, US agencies can access a target's personal information to verify the hit. Personal data would include information on a target's full name, aliases, sex, date and place of birth, nationality, passport number, other identity document numbers and fingerprint data beyond the reference information supplied in the initial hit.
US agencies won't have access to the data on a random whim, however. To access the information, agencies must be presented with the clear and present threat of criminal activity or terrorism.
According to the MOU, circumstances may include the possibility that the target or targets:
- (a) Will commit or has committed terrorist or terrorism related offences, or offences related to a terrorist group or association as those offences are defined under the supplying participant's laws; or
- (b) is undergoing or has undergone training to commit the offences referred to in in sub-paragraph 12.1(a) [above]; or
- (c) will commit or has committed a serious criminal offence or participates in an organised criminal group or association.
The MOU highlights the importance of data security in the transmission, storage and analysis of such information and has outlined in several sections how this data should be kept secret from prying eyes while respecting the legal rights of the host nation and the target when dealing with said data.
"The participants are to ensure that the necessary technical measures and organisational arrangements are utilised to protect personal data against accidental or unlawful destruction, accidental loss or unauthorised disclosure, alteration access or any unauthorised form of processing," the MOU reads in the section on data security.
Each party will also be required to keep a record of the transmission of data, which will include what was sent about whom and when. Data will be retained for a period of two years and the nation supplying the data can always query the status of how the information is being used.
The two signatories to the MOU, Brendan O'Connor, Federal Minister for Home Affairs, and Jeffrey Bleich, US Ambassador to Australia, said that the document is designed to ensure that law enforcement agencies can correctly identify and move on criminals and persons of interest hiding amongst legitimate tourists and businesspeople.
"Transnational criminals and terrorists are always trying to hide among legitimate tourists and business travellers. It is critical for us to find them and stop them without interfering with those travellers who build bonds between our people and strengthen commerce for both countries," Bleich said in a statement.
O'Connor added that "this important measure reinforces our shared values regarding the protection and privacy of the citizens of both countries while also denying safe haven to criminals".
Luke Hopewell @'ZDNet'
Guess we are officially the 51st State now...
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