The social media site says it will keep authorities’ requests secret only if compelled to do so by a court order — but even then it may warn users after providing the information.
Twitter says its policy is to “notify users of requests for their account information, which includes copy of the request, prior to disclosure unless we are prohibited from doing so”.
And Facebook’s policy is to notify users of police data requests “unless we are prohibited by law from doing so or in exceptional circumstances”.
A senior police source told the Herald Sun the situation was “scary”, saying: “The epicentre of the battle against terrorists causing mayhem on the streets is precisely in this area of social media, where it is proven they meet, exchange messages and communicate ideas of hate.”
The police union has vowed to take up the issue with Victoria Police command.
“Our members don’t need these kinds of obstacles in their way to do their job properly and protect the community,” Police Association secretary Ron Iddles said.
Victoria Police spokesman Charlie Morton said: “We do not comment about our intelligence-gathering or methodology of obtaining information, and do not talk about specific policies of social media organisations.”
The Herald Sun can also reveal that from July to December last year, authorities asked Twitter for account information of 10 users but were only given “some information” for five.
In the same period they made 829 such requests of Facebook, which was provided in 68 per cent of the cases.
Twitter says there are exceptions to notifying its users of requests, “like emergencies and counterproductive circumstances”, but in some circumstances it would tell users about an information request after a court order expired.
Facebook does not disclose information to its users in “child exploitation cases, emergencies or when notice would be counterproductive.”
Another police source told the Herald Sun police routinely asked for information from social media sites, which was given “more often than not”; but if refused, there could be a potentially lengthy court fight.
A British government review of terrorism laws said service providers like Twitter and Facebook stressed that they shared information with authorities to save lives and prevent crime, but were becoming uncomfortable with voluntary arrangements.
It said service providers, without being compelled, “may well show a preference to protect customers’ privacy than co-operate with governments”.
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