Half of the Australian law enforcement agencies across Australia have banned their officers from using messaging apps like WhatsApp and Signal, after New South Wales police last week banned the practice.
Last week, the NSW police force said it had introduced security software that meant “social media and other personal apps will not work or be downloadable” on NSW police force issued devices.
It was reported that about 17,000 officers had been ordered to remove communications apps from their devices. A Law Enforcement Conduct Commission report arising out of an investigation into claims of a police cover-up over an officer’s car crash in 2023 found some officers had adopted the practice of deleting messages, and records of messages and calls from encrypted communication apps.
While Victoria, Queensland and South Australia had joined NSW in banning the use of communication apps, the Australian federal police permitted use, while Tasmania and Western Australia had no strict bans.
A spokesperson for the AFP confirmed a “limited number of communications applications” were approved for use by officers.
“These have been security vetted and are regularly reviewed. For operational reasons the AFP will not disclose what those applications are.”
A spokesperson for SA police it doesn’t permit the use of private or work-issued devices for sharing information that could be an official police record.
“Any information that is an official police record is captured on SAPOL information systems that have appropriate storage and comply with legislation.”
A Victoria police spokesperson said due to security and accountability concerns that “operational Victoria police members are not sanctioned to use WhatsApp or Signal – or indeed any third-party messaging apps – for official duties”.
The spokesperson said it was crucial in maintaining public confidence in the ability for the police to collect and manage information effectively and in line with legal obligations.
A spokesperson for Queensland police said members are not allowed to use private email accounts or messaging applications like WhatsApp for duties “as the use of such accounts poses a security risk and prevents the proper management of records.”
The Queensland police service (QPS) has substantial information holdings and takes record management and privacy seriously, the spokesperson said.
“Breaches of QPS policy and procedures are subject to a robust internal investigation process.”
The spokesperson said there are limited and exceptional times when social media services can be used to assist with investigations, particularly when it comes to online offending.
A WA police spokesperson said there were no bans in place, but use of technology is subject to “strict protocols” including around security of the apps and information records requirements.
Tasmania police did not ban the apps, but also did not sanction the use, a spokesperson said. NT police did not respond by deadline.
For the AFP, communications via messaging apps are subject to freedom of information law, however, there have been several cases where attempts to gain access to messages that were allegedly communicated on auto-delete messaging apps were denied. The National Archives has said messages on apps as part of government business are commonwealth records, and should be retained, however, the office of the Australian information commissioner has no powers to sanction agencies where records have not been retained.
The ban by some police forces on encrypted apps comes amid a long running push from law enforcement and security agencies for tech companies to make access to encrypted communications apps easier for policing purposes .
The AFP commissioner, Reece Kershaw, told the National Press Club in April that law enforcement agencies had pleaded with social media companies to not shift to end-to-end encryption for communications until it protects against online crime.
“We recognise the role that technologies like end-to-end encryption play in protecting personal data, privacy and cybersecurity, but there is no absolute right to privacy,” he said.
An unnamed officer reportedly told the Daily Telegraph that the ban would mean officers would instead switch to “burner” phones to allow them to continue to use the apps on non-work devices. The Howard government-era anti-terror law changes have required anyone buying a prepaid or post-paid mobile plan to have their identities verified.
• This story was amended on 14 October 2024. A previous version incorrectly stated that South Australia had no strict bans on communication apps by law enforcement.
