Summary

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The majority voted against a motion introduced by Greens Senator Jordan Steele-John (WA), which means it failed.

Motion text

That the Senate—

(a) notes that:

(i) in 2013, the UN General Assembly affirmed that the rights held by people offline must also be protected online, and it called upon all states to respect and protect the right to privacy in digital communication,

(ii) on 13 September 2018, the European Court of Human Rights (ECHR) ruled that the methods for bulk interception of online communications used by the United Kingdom's (UK) Government Communications Headquarters violated privacy and failed to provide sufficient surveillance safeguards,

(iii) the ECHR ruled that safeguards must indicate "the nature of offences which may give rise to an interception order; a definition of the categories of people liable to have their communications intercepted; a limit on the duration of interception; the procedure to be followed for examining, using and storing the data obtained; the precautions to be taken when communicating the data to other parties; and the circumstances in which intercepted data may or must be erased or destroyed",

(iv) the legal challenge was brought by Big Brother Watch and Others following revelations by National Security Agency whistleblower, Mr Edward Snowden, in 2013 that intelligence services were covertly intercepting, processing, and storing communications data in bulk, and

(v) Australian mass surveillance laws, including the proposed Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018, are based on the UK Investigatory Powers Act 2016, also known as the Snoopers' Charter; and

(b) calls on the Federal Government to:

(i) consider Australia's obligations under the UN Declaration of Human Rights and international laws, including the European General Data Protection Regulation, and

(ii) review Australian privacy and surveillance laws, to ensure Australians' human rights are upheld, including their right to privacy, and that sufficient safeguards are enshrined in legislation.

Votes Not passed by a modest majority

Nobody rebelled against their party.

Party Votes
Cory Bernardi SA Australian Conservatives Yes
Australian Greens (89% turnout) 8 Yes 0 No
Mehreen Faruqi NSW Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Jordon Steele-John WA Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Richard Di Natale Victoria Absent
Australian Labor Party (76% turnout) 0 Yes 19 No
Catryna Bilyk Tasmania No
Carol Brown Tasmania No
Doug Cameron NSW No
Kim Carr Victoria No
Anthony Chisholm Queensland No
Jacinta Collins Victoria No
Don Farrell SA No
Alex Gallacher SA No
Kristina Keneally NSW No
Gavin Marshall Victoria No
Jenny McAllister NSW No
Claire Moore Queensland No
Deborah O'Neill NSW No
Louise Pratt WA No
Lisa Singh Tasmania No
David Smith ACT No
Glenn Sterle WA No
Anne Urquhart Tasmania No
Murray Watt Queensland No
Patrick Dodson WA Absent
Chris Ketter Queensland Absent
Kimberley Kitching Victoria Absent
Malarndirri McCarthy NT Absent
Helen Polley Tasmania Absent
Penny Wong SA Absent
Centre Alliance (100% turnout) 2 Yes 0 No
Stirling Griff SA Yes
Rex Patrick SA Yes
Nigel Scullion NT Country Liberal Party Absent
Derryn Hinch Victoria Derryn Hinch's Justice Party No
Sue Lines WA Deputy President Absent
Tim Storer SA Independent Yes
Lucy Gichuhi SA Independent No
Steve Martin Tasmania Independent No
Fraser Anning Queensland Katter's Australian Party Yes
David Leyonhjelm NSW Liberal Democratic Party Absent
Liberal National Party (0.0% turnout) Absent
Matthew Canavan Queensland Absent
James McGrath Queensland Absent
Liberal Party (41% turnout) 0 Yes 9 No
Slade Brockman WA No
David Bushby Tasmania No
Richard Colbeck Tasmania No
Jonathon Duniam Tasmania No
Jane Hume Victoria No
James Paterson Victoria No
Marise Payne NSW No
Anne Ruston SA No
Amanda Stoker Queensland No
Eric Abetz Tasmania Absent
Simon Birmingham SA Absent
Michaelia Cash WA Absent
Mathias Cormann WA Absent
David Fawcett SA Absent
Concetta Fierravanti-Wells NSW Absent
Mitch Fifield Victoria Absent
Ian Macdonald Queensland Absent
Jim Molan NSW Absent
Linda Reynolds WA Absent
Zed Seselja ACT Absent
Arthur Sinodinos NSW Absent
Dean Smith WA Absent
National Party (0.0% turnout) Absent
Bridget McKenzie Victoria Absent
Barry O'Sullivan Queensland Absent
John Williams NSW Absent
Pauline Hanson's One Nation Party (100% turnout) 0 Yes 2 No
Peter Georgiou WA No
Pauline Hanson Queensland No
Scott Ryan Victoria President No
Brian Burston NSW United Australia Party Absent
Totals (62% turnout) 13 Yes – 34 No