With open platforms like Google and Facebook, it should come as no surprise that sinister individuals utilise these digital sites as a vehicle for abuse.

As it stands, Google and Facebook operate on end-to-end encryption, preventing access to data by anyone other than the sender and recipient. This is designed to ensure privacy and is argued by the platforms as being in line with industry standards as well as being an adequate policy measure. However, when 23 out of 4363 data requests pose a serious risk to someone’s life, it begs the question of whether Google or Facebook have the authority to prevent access to such data.

Accordingly, the Australian e-Safety Commissioner has contended that it is foolish to view privacy and security as mutually exclusive entities and has instructed a Parliamentary Committee to conduct a deep inquiry into ‘family, domestic and sexual violence’ connected to Google’s and Facebook’s platforms. Moreover, the e-Safety Commissioner has posited the notion that the Government be imbued certain powers when dealing with issues of serious adult cyber abuse.

However, Google and Facebook have adopted a defensive stance, rejecting 20 per cent of all data disclosure requests issued by Australian law enforcement bodies since 2019. The issue to Google and Facebook is the balance of necessity and legal efficacy. With too broad a scope or no legal basis, and many data requests not pertaining to a citizen nor Australian resident, Google and Facebook have argued that releasing certain data will fall outside the scope of Australian law enforcement. 

The final public hearing concluded on the 19 November 2020 so it will be interesting to see whether Google and Facebook will retain their defensive position or whether regulatory reform will be initiated. This inquiry and evidence are designed to aid the development of the National Plan to Reduce Violence against Women and their Children with a focus on cybersecurity.

For further reading see ‘Parliamentary Committee to hear from Google and Facebook as family violence hearings continue’.