The complainant wanted access to two letters which had made allegations about her being involved with selling drugs at school. One letter was signed, one anonymous, but both were handwritten. The school initially refused to give copies of the letters to the complainant because it was concerned that this might discourage students from reporting drug dealing. The school considered this to be an important priority given the grave nature of the problem. The complainant asked me to investigate the school's decision.

I accepted that if the school were to release information about the identity of an informant who has reported an alleged breach of the law then, not only the informant but also, other potential informants would be reluctant to supply such information in the future. The fact that the school passes such information to the police is probably known to informants, so that the school may be seen as a conduit by which children or parents may initiate police action to enforce the law. Such a conduit is particularly important when informant information concerns children or activities on school premises. I formed the opinion that s.27(1)(c) of the Privacy Act provides the school with good reason to withhold the identity of the informants who provided information about the complainant.

However, the complainant was entitled to be informed of the substance of the letters. The complainant has a right to know what allegations have been made and to request correction of them where appropriate. I formed the opinion that extracts from the letters should be released to the complainant.

I noted that several spelling mistakes had been made in the letters. I did not know whether they had been made deliberately so as to disguise the authors or, conversely, whether the errors were genuine and would tend to identify the authors. I recommended to the school that a typed copy of the extracts with correct spelling should be released to the complainant. The school did so. The complainant disagreed with but accepted my opinion about identity and informed me that no application would be made to the Tribunal.

July 1994

Access to personal information - School - Informant identity - Allegations of drug dealing- School a "conduit" by which people may initiate police action to enforce the law - Releasing informant identity would be likely to "prejudice the maintenance of the law" - Privacy Act 1993, s 27(1)(c) - Information privacy principle 6