Speaking on Marc Fennell's Download this Show, the insider said metadata requests were “never denied on legitimacy”, only on cost. He argued that an independent body was needed to authorise requests with more detail, as it was easy to abuse the system.
“Right now, it would be so easily for me to slip in my ex-girlfriend's number in the current process under any investigation,” he told ABC Radio, on the condition of anonymity. “No-one would pick it up because there is no detail. It's the process that is more decaying than the legislation.”
“The Australian people are being sleep walked into a system the attorney general cannot even articulate.”
He added that there was also no standardised reporting process. The insider is also concerned that Australians could be charged for copyright infringement if it were to become a criminal offence in the future.
“Copyright infringement is not a criminal offence, it’s a civil wrong. But all it would take is simple lobbying by a financial backer of political parties to make copyright seen as theft and then, bang, you’ve got all these Aussies caught up criminally,” he said. “Who's to say access wouldn't be back-dated?”
“The vague definition of metadata in the legislation largely comes from the number of agencies who use the data. Everyone has a wish list they are trying to get included. If given the choice most would want content held for two years too.”
The insider added he was disappointed law enforcement officials had a difficult time explaining metadata.
“I'm so disappointed that we never just come out and talk through the issues,” he said. “The only talking heads you see on TV have never even seen the metadata requests. Mobiles weren't invented when they walked the beat.
“The Australian people are being sleep walked into a system the attorney general cannot even articulate.”
PM Abbott steps up metadata push
Metadata is information collected from devices, including phone numbers used, how long people talked to each other, the e-mail address from which a message was sent and the time the message was sent.
It is used by police and intelligence agencies to investigate such crimes as terrorism and child sexual abuse networks.
Tony Abbott stepped up the pressure on Labor to swiftly pass new data retention laws, which are now expected to cost up to $400 million a year.
The legislation, introduced in October but yet to pass either house of parliament, mandates telecommunications companies keep metadata for two years.
Talking to child protection advocates on the Gold Coast on Wednesday, Mr Abbott warned there would be an "explosion of unsolved crime" without the changes.
"If we don't keep this data, our crime fighting agencies and the police are flying blind," Mr Abbott said.
The $400 million cost represented one per cent of the $40 billion telecommunications sector.
"It seems like a small price to pay to give ourselves safety and freedom," Mr Abbott said.
Opposition Leader Bill Shorten said the cost figure was an important step forward. Labor is expected to bring forward amendments to the legislation, but has backed two previous tranches of counter-terrorism laws.
The opposition says the bill must consider the rights of individuals, privacy principles, the potential extra cost of internet services and protect journalists and whistleblowers.
A parliamentary committee is due to report on the bill on February 27.
