New South Wales police may gain unprecedented access to individuals' digital devices and private data under proposed legislation aimed at combating organized crime. Greens MP Sue Higginson has voiced strong opposition, warning that the sweeping new laws could allow police to access phone data without a warrant, a significant expansion of current powers.
Higginson stated that the proposed changes would grant NSW Police the ability to access any message, photo, location data, search history, and biometric information stored on a device. "Most people in NSW would be alarmed to know that the NSW police can access any message they have ever sent, any photo they have ever taken, their location at any moment, everything they have ever searched and biometric data about who they are," Higginson told Michael West Media. She further cautioned that while the laws are framed as targeting organized crime, their broad scope means they will affect all residents.
Currently, police can seize phones but generally require a warrant to access the data within them. The new legislation, however, would permit officers investigating serious organized crime to compel individuals to unlock devices seized during arrests or roadside stops. Refusal to comply could result in a prison sentence of up to seven years. Following an unlock, police could utilize forensic extraction technology to copy the device's contents.
Cybersecurity expert Ahmed Khanji explained that modern forensic extraction tools, such as the UFED device, are capable of recovering a comprehensive amount of data from smartphones. "This device makes a complete clone of your phone, copying your contacts, messages, your photos, all of your system files, even things that you've deleted, and it does it in minutes," Khanji said in a video. He added that the technology can create a near-complete digital replica, accessible even for encrypted content.
In addition to phone data access, the bill proposes to grant NSW Police access to high-resolution images from toll cameras, which can identify drivers and passengers. Furthermore, millions of NSW driver license photos would become accessible through a federal facial recognition system. Higginson expressed concerns that these facial recognition measures could lead to privacy risks, suggesting that driver license photos could be vulnerable to sale on the dark web.
NSW Police Minister Yasmin Catley defended the proposed legislation, stating that organized crime groups increasingly use technology to conceal evidence. "The operating model of organised crime is evolving and we're ensuring police have the powers they need to stay ahead of threats," Catley said. She emphasized that the government is providing police with the necessary tools, laws, and budget to disrupt criminal networks and enhance public safety, in response to recommendations from law enforcement agencies like the NSW Police and the NSW Crime Commission.