1 Feb 2008, 09:00

Police contacted a university to obtain information about a student. They were attempting to serve the student with a notice of intention to revoke his firearms licence. The Police informed the university that they had serious concerns for the student's mental health and needed to know where he was. The university disclosed the man's home address, but the Police could not find him there. Upon a further request by the Police, the university revealed where and when the student would be sitting his examinations. This enabled the Police to find him and serve him with the notice.

The man complained to me about the disclosure of this information to the Police.

Principle 11

Principle 11 of the Privacy Act states that an agency that holds personal information must not disclose that information unless an exception applies. In this case the university acknowledged it had disclosed the information but stated that principle 11(e)(i) allowed it to do so. Principle 11(e)(i) permits the disclosure of personal information if the agency reasonably believes disclosure is necessary to avoid prejudice to the maintenance of the law by any public sector agency.

In the circumstances I was satisfied that it was reasonable for the university to believe it was necessary to give Police the information. The university knew that Police were having difficulties locating the man. There were growing concerns about the student, and there was urgency in the need to locate him.

I informed the student that in my opinion there was no interference with privacy. I then closed my file.

March 2008

Disclosure of personal information – university – disclosure to Police – firearms licence – reasonable belief that disclosure necessary to avoid prejudice to the maintenance of the law - Privacy Act 1993, principle 11(1)(e)(i)