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But archives director David Fricker has revealed despite the collection of documents from retired ministers and prime ministers over recent years,there’s no sign that encrypted messages have been handed over as part of a collection of official documents.
“I would be very surprised if we have yet received any transfers of WhatsApp messages or that generation of technology,” he told a parliamentary hearing last week.
Mr Fricker said it was clear the technology was being used.
“It’s an absolute certainty. I think it’s well-known that government officials are communicating with WhatsApp and other platforms similar to that,” he said.
While the archives requires the retention of important records there are no penalties if they are not. As some encrypted messaging systems destroy messages,it may be impossible to even track their creation.
Even social media posts,which are being used extensively by Prime Minister Scott Morrison,can prove problematic as they are held by foreign,private companies which in years to come may cease to exist.
The Office of the Australian Information Commissioner said the Freedom of Information Act gave the public the legal right to access documents of an agency or ministers. That included the right to messages on mobile devices and messaging applications.
“The OAIC considers that documents required to be retained should be managed in such a way as to facilitate searching for them in response to an FOI request,” a spokesperson for the commissioner said.
Labor MP Julian Hill said the government had to explain why it was taking so long to deal with the issues around encrypted messages.
“There was clear and compelling evidence from the National Archives and the Auditor-General about the need to retain records of encrypted communications that relate to government decisions,” he said.
“There’s an urgent need to modernise the regime as it relates to the public service.”
The Assistant Minister to the Attorney-General,Amanda Stoker,said the government was taking a methodical approach in responding to the review,adding its total recommendations could cost between $70 million and $205 million a year.
Senator Stoker said a formal response should be finalised by year’s end.
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“I’m concerned to make sure the archives of this country are available to us for the long term. It’s an important part of our history,” she said.
While agencies deal with issues around encrypted messages,the National Archives is also fighting to maintain the records it does hold.
Mr Fricker revealed some irreplaceable documents were already at risk,particularly audio-visual recordings that range from Indigenous culture such as languages and ceremonies to surveillance material collated by ASIO.
“I think this is about engaging and sustaining citizens’ trust in government and defending our democracy,because transparency and accountability are the foundations for people to have trust in their institutions,” he said.
“If we lose records then they are permanently and irretrievably lost.”
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