A critical balance must be struck by government, in the modern democracy, to ensure the right to privacy of its citizens against the ability to protect and preserve their safety.

Articles written by Renee Viellaris from The Courier Mail, revealed how police are “routinely accessing detailed phone records” for thousands of Queenslanders.  The article also highlights how a warrant is not necessary to access information, rather phone companies are required to pull records if it is signed off by an inspector.

The issue came to light after police investigators were accused of conducting fake criminal probes which were used in circumstances such as when an officer was suspected of ‘throwing a sickie’, if police cadets were having sexual relationships and when an officer was missing on the job for several hours.

Records which are provided to police by telephone companies include:

• details of when and where calls/texts are made/received,
• the time of the communication, and
• the duration.

It is highlighted in the article that “no warrant is required but requests must be within the bounds of strict federal laws which limit use for criminal investigations, enforcement of laws that impose monetary penalties, protecting public revenue and finding missing persons.”

It is also revealed by Renee Viellaris that increasingly other government agencies are relying upon telephone records, such as in circumstances where there have been crimes against animals and trees.

Robyn Ironside from The Courier Mail reveals that police are also using information recorded on Go Cards to track alleged offenders and potential witnesses for crimes ranging from murders to flashing.

“We are no longer in a society where investigations are purely conducted by asking for eye witnesses or conducting a search of premises through a search warrant.  The evolution of modern technology and a desire by the Government to stay ahead of criminals by allowing for quick response times in situations of life and death and to save on costs in investigating has meant that increasingly our movements are becoming more and more easily traceable/monitored.

I advise any person questioned by police that they are only obliged to provide police with their name and address, and to provide a proof of identity when asked.  Any other questions that police ask should not be answered until you are able to contact an independent lawyer.  Irrespective of how innocent the questioning may seem it is critical to obtain legal advice.  An individual might feel pressured to answer as the officer says they have records showing their phone contact or movements etc.

However, do not be persuaded that you should assist with their inquiries even if they state that you could be released by doing so or that you ‘don’t need a lawyer’.  An independent lawyer can provide proper advice about what a person should or shouldn’t answer, advise in areas concerning court process and/or likely penalty, and can determine if the material obtained was even in accordance with the strict federal laws.

Often I hear clients say after the fact that they only wanted to assist the police with their inquiries and did not want to seem guilty by calling a lawyer.  However, what I tell them is that even the police when they are questioned generally ask for legal assistance through their police services union, so why shouldn’t every person do the same?”

How We Can Help

Quinn & Scattini can assist clients who are either asked to assist police with their inquiries or charged.  Obtaining legal advice and assistance at an early stage quite often radically alters the consequences for a client.

Our team have the experience and expertise to obtain the best possible result.

As one of our clients said “Invest in the best. Q&S“.

Contact Us

Get the best representation. Contact Quinn & Scattini Lawyers on 1800 999 529, email mail@rmold.newwebsite.live, or submit an enquiry below.

We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.

Articles Mentioned

Title: Cops spy on phone records to uncover sickies: Thin Blue Phone Line
Date: 30 August 2013
Outlet: The Courier-Mail
Author: Renee Viellaris
Page number: 1

Title: Police under fire for probing phone records of their own in ‘disturbing’ breach of officers’ privacy
Date: 30 August 2013
Outlet: The Courier-Mail
Author: Renee Viellaris

Title: Data access to track pet persecutors
Date: 30 August 2013
Outlet: The Courier-Mail
Author: Renee Viellaris
Page number: 11

Title: Investigators use go card information to track down offenders
Date: 30 August 2013
Outlet: The Courier-Mail
Author: Robyn Ironside
Page number: 11