Data bombshell: ‘Potential’ corruption, misconduct by Libs

The Premier has responded after the SA Ombudsman found evidence of “potential” corruption, maladministration or misconduct within the Liberal Party over its data handling.

The SA Ombudsman has made an extraordinary referral to authorities of a matter of “potential” corruption, maladministration or misconduct within the Liberal Party, relating to its use and collection of personal data.

Ombudsman Wayne Lines told a parliamentary committee he has referred his concerns to the Office for Public Integrity.

“(I made) no final conclusions but (there were) concerns enough for me to report it to OPI,” he said.

Under questioning from Labor’s Tom Koutsantonis, Mr Lines did not reveal what he uncovered during his inquiries nor how many people’s data potentially had been compromised.

It came after the Opposition raised data harvesting concerns in March, claiming it conducted a two-month investigation which showed a person who created a new email account and only submitted their details to an SA Health website later began receiving emails from Premier Steven Marshall’s Liberal Party account.

Reports also emerged at the time that people using government websites were unwittingly being redirected via a Liberal Party site that allegedly could be used to harvest users’ data.

South Australian Premier Steven Marshall. AAP Image/David Mariuz

Mr Marshall, in response to those reports, previously said his government had not been tracking or collecting people’s data for the Liberal Party, nor had it been redirecting people to Liberal Party websites, when they clicked on government website links.

During the fallout of the saga, Mr Lines said he was considering launching an investigation into data use by the government but he would await parliament’s privacy committee’s report into the matter.

He told the parliamentary hearing on Wednesday the report “did raise further questions” and he conducted further inquiries but did not launch a formal investigation.

“What I can say is I’ve completed my assessment and the information available to me is that the error or the problems has not arisen from within the government agency which I have jurisdiction,” he said.

Mr Lines clarified the issues had arisen from within the Liberal Party.

“It’s now a question for the Office of Public Integrity as to their assessment of the matter,” he said.

Mr Koutsantonis put to Mr Lines that Mr Marshall had previously informed parliament that people visiting government websites had not been redirected through an online platform to collect their data for the Liberal Party.

“He may be right – my investigation or my inquiries haven’t established any factual evidence of that,” Mr Lines said.

Mr Marshall on Wednesday said the privacy committee’s investigation “found that there was no data harvesting, there was no data collection, there was no data retention whatsoever”.

He also stressed the Ombudsman had made no finding in relation to the matter.

“There is no finding against the government, against my office, whatsoever with regard to this,” he said.

Liberal Party state director Sascha Meldrum has been contacted for comment.

Independent Commissioner Against Corruption Ann Vanstone said she was unable to comment on the matter.

“I can’t say anything about a specific investigation,” she said.

However, she told a parliamentary hearing earlier on Wednesday that a proposed overhaul of the ICAC Act would make it difficult to investigate claims such as those made by Mr Lines.

“I wouldn’t see those complaints at all,” she said.

Comment is being sought from Premier Steven Marshall.

Opposition Leader Peter Malinauskas described Mr Lines’ revelations as “explosive".

“I think every South Australian … should be incredibly concerned about the information that is collected by the government and how it is used and who is the recipient of that,” he said.

Following the committee hearing, the Ombudsman released a statement saying he had referred a matter of potential corruption, maladministration or misconduct to the Office for Public Integrity, but did not intend to indicate that he had formally ‘found’ that corruption, maladministration or misconduct had occurred.

The statement added: “The Ombudsman had also advised the Committee that the Premier’s Office had been informed of the Ombudsman’s inquiries. However, that is not the case; only the Department of the Premier and Cabinet had been made of aware of the Ombudsman’s inquiries.”

Data saga could blow up

Analysis - Paul Starick

IT is an extraordinary move for the Ombudsman to refer concerns about potential corruption, maladministration or misconduct involving the political party governing the state to the Office for Public Integrity.

This saga will either fizzle out or explode – sooner rather than later, because of the political ramifications. It is impossible to definitively predict the outcome.

The OPI is the clearing house for the Independent Commissioner Against Corruption, a body with extensive powers to investigate conduct of public officers working with or for state government agencies and authorities. It will likely expedite its assessment of whether or not to recommend an ICAC investigation, particularly given the politically charged environment with a state election just months away.

ICAC Ann Vanstone would be expected to make this determination public. Likewise, any investigation likely would be expedited, given its potential impact on the March 19 election.

However, publicly reporting on the existence or outcome of ICAC investigations is expressly forbidden by law – unless the Commissioner grants an exemption or makes a public statement.

Originally published as Data bombshell: ‘Potential’ corruption, misconduct by Libs