When can I disclose information that may be necessary for the maintenance of the law?

There is an exception in the Privacy Act which allows agencies to collect, withhold, use or disclose personal information in a way which would otherwise breach the Act where necessary for the ‘maintenance of the law’.

Maintenance of the law in this context relates to law enforcement action by a public sector agency, including the prevention, detection, investigation, prosecution and punishment of offences.

Some examples of cases where the ‘maintenance of the law’ exception of the Act may apply include:

• Police collecting information about a suspect from a third party;

• ACC withholding information in response to a request from an individual they are currently investigating for suspected fraud; and

• A doctor disclosing information to Police about a patient with an injury matching a description of a suspect.