1 Feb 2007, 09:00

A contractor filed proceedings in the High Court against a publishing company. During the proceedings, he claimed that an affidavit sworn on behalf of the respondent was falsified and complained to Police that the person concerned had committed perjury.

The contractor subsequently made a request to Police for the report on the perjury claim, which had been prepared by a Police legal adviser. Police refused his request, and he asked me to review that refusal.

Principle 6 entitles individuals to have access to personal information that is held about them by an agency. An agency can refuse an access request for a limited number of reasons set out in Part 4 of the Privacy Act 1993. Police advised me that they sought to withhold the report because it was covered by legal professional privilege (section 29(1)(f)).

Legal professional privilege

Section 29(1)(f) provides that an agency may refuse to disclose information if that disclosure would breach legal professional privilege. The relevant aspect of legal professional privilege, in this case, was solicitor/client privilege. The report was prepared by a Police legal adviser, who held a current practising certificate. He prepared the report, in his capacity as a legal adviser, to assist Police in deciding whether to lay a perjury charge. I formed the opinion that the report was therefore covered by legal professional privilege. The fact that he was an in-house solicitor did not alter the ability to withhold the information under this ground. Since the privilege had not been waived, Police were entitled to withhold the report and there was no interference with the contractor's privacy.

I notified the contractor of my opinion and closed the file.

June 2007

Access to personal information – Refusal – Legal professional privilege – In-house solicitor - Privacy Act 1993, s 29(1)(f) –principle 6