Labor will review its support for the government's controversial data retention legislation just four months after it helped pass it into law, as ongoing internal ructions over the issue resurfaced at the party's national conference.
The move comes at a testing time for Labor leader Bill Shorten following his surprise announcements this week on new asylum seekers and renewable energy policies, and a bruising appearance at the Royal Commission into Trade Union Governance and Corruption this month.
An amendment to review Labor's policy on data retention passed the conference floor on Friday, citing concerns over the range of government agencies able to access citizens' metadata without a warrant, and concerns about journalists' protection of sources.
Under the Telecommunications (Interception and Access) Amendment (Data Retention) Bill, passed in March, Australian telecommunications providers such as Telstra and Optus are required to store customers' metadata – such as the time, origin and destination of emails, phone calls, texts and web activity, but not the content – for two years for intelligence-gathering purposes.
Labor's support for the bill was contingent upon amendments that required police to obtain a warrant to access a journalist's sources, plus the creation of a public interest advocate with the power to veto such access.
However a growing list of non-criminal government agencies is authorised to access ordinary citizens' metadata without obtaining a warrant, including local councils, Australia Post, the RSPCA, racing bodies and more.
"Labor wants to ensure that the types of agencies with access to the data and purposes for which the data is available are appropriate," the amendment reads.
"We want to ensure that the current warrants scheme and the threshold conditions on warrantless access are appropriate and that freedom of the press is protected."
Marrickville mayor and NSW Labor Left member Jo Haylen, who led the policy shift, said the current legislation did not strike the right balance between privacy and security.
"There remain ongoing concerns within the party about the way those laws currently operate and we're seeking through that review to find a better balance between privacy concerns and of course concerns around security," Ms Haylen said.
"There are legitimate concerns ... particularly when it comes to freedom of whistleblowers and journalists' confidentiality of sources."
Greens deputy leader Scott Ludlam, a vocal opponent of the legislation, said it was "underwhelming" to see Labor raise concerns about the laws after the fact.
"The time for second thoughts was in March," Senator Ludlam said.
"I think it's fairly typical of the Labor Party because they're so grievously divided internally.
"The fact is they took a political decision not to be wedged by Abbott on what was perceived to be a security issue."
Mr Shorten drew criticism from some Labor party members in March, including outspoken frontbencher Ed Husic, for not consulting widely enough with the party before announcing Labor's support for the bill.
Communications Minister Malcolm Turnbull and Attorney-General George Brandis, who jointly led the push for the new laws, did not respond to requests for comment.
