1 Feb 2009, 09:00

A woman had complained to Police about the actions of a number of people. After considering her complaints, Police had decided not to prosecute. The woman wanted to know the reasons for this decision, and made a request under principle 6 of the Privacy Act for copies of the information Police held about the complaints.

Principle 6 provides individuals with the right to have access to personal information that an agency holds about them. The agency may refuse such a request by relying on one of the reasons for refusal set out in sections 27-29 of the Privacy Act.

The Police provided some information to her, but withheld some other information under section 29(1)(f) on the basis that to release it would breach legal professional privilege. The withheld information was a report from the Police legal section about the Police’s decision not to prosecute.

The woman asked this Office to review the Police’s decision to withhold this information.

The Police provided us with a copy of the withheld information, and we were satisfied that it could be withheld under section 29(1)(f). However we asked the Police if, in the interests of resolving the woman’s Privacy Act complaint, they would consider providing the woman with a summary of the reasons why Police had decided not to prosecute.

The Police agreed that they could provide such a summary without waiving their legal professional privilege in the information. The woman was satisfied with the summary the Police subsequently provided. We closed the complaint on the basis that it had been settled.

January 2009

Request for personal information – Police – request for information subject to legal professional privilege – summary –settlement – Privacy Act 1993, principle 6, section 29(1)(f)