RULES TO PROTECT THE PRIVACY OF AUSTRALIANS

I, Alexander John Gosse Downer, Minister of State for Foreign Affairs, 
being the Minister responsible for the Australian Secret Intelligence 
Service ('ASIS') hereby make the following rules, in accordance with 
section 15 of the Intelligence Services Act 2001 ('the Act'), regulating 
the communication and retention by ASIS of intelligence information 
concerning Australian persons.

1.	In making these rules, I have had regard to the need to ensure 
that the privacy of Australian persons is preserved as far as is 
consistent with the proper performance by ASIS of its functions.

2.	Berfore making the Rules, I have consulted the Director-General of 
ASIS (the Director-General), the Inspector-General of Intelligence and 
Security (IGIS), and for these purposes, provided a copy of the Rules I 
was proposing to make to the IGIS and the Attorney-General.

Communication

3.	ASIS may communicate intelligence information concerning an
Australian person when:
	
	a. the information relates to activities in which the involvement 
	   of that Australian person is already public knowledge; or

	b. the information relates to activities in respect of which the 
	   Australian person is a representative of the Commonwealth or of 
	   a State or Territory in the normal course of official duties; or

	c. the deletion of that part of the intelligence information 
	   concerning the Australian person would significantly diminish 
	   the utility of the information for the purpose of:

		i.   maintaining Australia's national security;

		ii.  maintaining Australia's economic well-being;

		iii. promoting Australia's foreign relations;

		iv.  preventing or investigating the commission of a 
		     serious crime;

		v.   responding to an apparent threat to the safety of a 
		     person;

		vi.  responding to a serious risk to an Australian 
		     intelligence operation or operative; or

	d. the information relates to an Australian person who is acting 
	   for, or on behalf of, or is supected of acting for, or on 
	   behalf of, a foreign power.

In all such cases, ASIS shall keep a record of the communication for 
inspection by the IGIS.

4.	ASIS shall establish arrangements to ensure that communication of 
such information is limited to those with a need to know in accordance 
with the Government's requirements.

Presumption of Nationality.

5.	Where is it not clear whether an individual is an Australian 
person or not, the following presumptions shall apply unless evidence to 
the contrary is obtained:

	a. a person within Australia shall be presumed to be an Australian 
	   person, and

	b. a person outside Australia shall be presumed to be a 
	   non-Australian person, subject to consideration of any evidence 
	   as to nationality that may bve contained in the relevent 
	   communication or the general context in which the intelligence 
	   was obtained.

6.	If ASIS identifies that it has communicated intelligence 
information concerning an Australian person:

	a. contrary to these Rules; or

	b. because the presumption in paragraph 5 has been found to be 
	   incorrect;

then ASIS shall immediately consult the IGIS with a view to determining 
what appropriate action should be taken to protect the privacy of the 
Australian person.

Retention

7.	Intelligence information concerning Australian persons shall be 
retained by ASIS in a manner applicable to retention of information having 
a security classification of not less than Secret.  Specifically, access 
to such information within ASIS shall be permitted only when there is a 
need to know the information for the proper performance of ASIS' 
functions.

Definitions

8.	Expressions used in these Rules have the same meaning as in the 
Act.

Dated this 25th day of October 2001

[signature: Alexander Downer]

Alexander Downer