Australian Journal of Telecommunications and the Digital Economy Australian Journal of Telecommunications and the Digital Economy, ISSN 2203-1693, Volume 6 Number 4 December 2018 Copyright © 2018 http://doi.org/10.18080/ajtde.v6n4.167 109 Privacy versus the Use of Location Information for Law Enforcement and Security in Australia Stanley Shanapinda La Trobe University Abstract: This article reviews existing knowledge regarding the powers of the Australian Security Intelligence Organisation and the Australian Federal Police to access and use metadata. The review is primarily based on published research on the privacy impact of the revised metadata retention and collection framework introduced in 2015. The review reveals that, after 2015, no comprehensive study was undertaken in the following areas: how location information is generated and exchanged in the IP-mediated long-term evolution telecommunications network, and how mobile devices are tracked and create more precise location estimates, in the legal and policy context of the exceptions and privacy safeguards introduced after 2015; the discretionary powers of the agencies to use personal and sensitive information to identify inquiries and investigations to pursue, to enforce the law and perform their functions, and to carry out activities related to their functions and purposes; and the flexible oversight principles contained in the guidelines that create conflicts between law enforcement and privacy interests. The review proposes future multidisciplinary research. Keywords: location information, privacy, metadata retention and disclosure, LTE, law enforcement and national security Introduction The retention and disclosure of metadata to law enforcement agencies has been met with criticism worldwide and has been invalidated by the courts. The broad range of investigatory powers are not regarded as being consistent with the protection of privacy (the Watson case, 70; Digital Rights Ireland Ltd, 2014, [60]; USA FREEDOM Act; Carpenter case, 2018). i This review highlights arguments that state privacy is not adequately protected, given the investigatory powers of the Australian Security Intelligence Organisation (ASIO) and the Australian Federal Police (AFP) (the Agencies) that appear broad and based on how Location Information (LI) is personal and precise, given the use of modern telecommunications technologies. The review raises complex issues that at times appear to be at odds with one another. This complexity highlights the need for in-depth studies, in the interest of a nuanced privacy debate. This review highlights these arguments in relation to existing literature and