Can I disclose personal information to a law enforcement agency?

Under the Privacy Act, there is a general obligation not to use or disclose personal information, unless an exception applies.

One of the exceptions which permits the use or disclosure of personal information is where you believe the use or disclosure is necessary in order to assist law enforcement agencies with the prevention, detection, investigation, prosecution and punishment of offences.

However, you should only disclose information under this exception if you have some reason to believe the disclosure is actually necessary to assist with the maintenance of the law. So, for example, if your organisation or business is aware of crime that has been or will be committed, or if a government agency with law enforcement functions (like the Police) asked you for information, and explained why they needed this information as part of an investigation, you could rely on this exception.

A couple of examples of situations where disclosure to Police (or other law enforcement) may be necessary are:

• A client or employee is featured on Police Ten 7 as a suspect and you know their whereabouts; or
• A client has been defrauded or fallen victim to a scam.

In general, if you have reason to believe a crime has or will be committed you should tell Police.