PRIVACY AND DATA PROTECTION ACT 2014 - SECT 107 Information Commissioner may require access to data and data systems from Chief Commissioner of Police
PRIVACY AND DATA PROTECTION ACT 2014 - SECT 107
Information Commissioner may require access to data and data systems from Chief Commissioner of PoliceS. 107(1) amended by No. 20/2017 ss 97, 106(17).
(1) The Information Commissioner may require the Chief Commissioner of Police to give the Information Commissioner free and full access at all reasonable times to the following as is necessary to enable the Information Commissioner to perform the Information Commissioner's functions under section 8D(1)(e) and (2)(b)—
(a) any law enforcement data (including any document on which such data is recorded); or
(b) the Victoria Police law enforcement data system.
S. 107(2) amended by No. 20/2017 s. 106(17)(b).
(2) The Chief Commissioner of Police may refuse to comply with a requirement of the Information Commissioner under subsection (1) if the Chief Commissioner considers that giving access to law enforcement data or a law enforcement data system would, or would be reasonably likely to—
(a) prejudice the investigation of a breach or possible breach of the law or prejudice the enforcement or proper administration of the law in a particular instance; or
(b) prejudice the fair trial of a person or the impartial adjudication of a particular case or disclose data that is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege; or
(c) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or
(d) endanger the lives or physical safety of persons engaged in or in connection with law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law.
S. 107(3) amended by No. 60/2014 s. 134(1).
(3) Section 19 of the Victoria Police Act 2013 does not apply to any power, discretion, function, authority or duty of the Chief Commissioner of Police under this section.
Note to s. 107(3) repealed by No. 60/2014 s. 134(2).
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S. 107(4) inserted by No. 60/2014 s. 134(3).
(4) A police officer who is a Deputy Commissioner appointed under section 21 of the Victoria Police Act 2013 may exercise the powers and perform the functions of the Chief Commissioner of Police under this section as if the Deputy Commissioner were the Chief Commissioner of Police.
S. 108 (Heading) amended by No. 20/2017 s. 106(3).