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PRIVACY AND DATA PROTECTION ACT 2014 (NO. 60 OF 2014) - SECT 108 Commissioner may request access to crime statistics data

PRIVACY AND DATA PROTECTION ACT 2014 (NO. 60 OF 2014) - SECT 108

Commissioner may request access to crime statistics data

    (1)     The Commissioner may require the Chief Statistician to give the Commissioner free and full access at all reasonable times to any crime statistics data (including any document on which crime statistics data is recorded) or any crime statistics data system as is necessary to enable the Commissioner to perform the Commissioner's functions under section 103(2)(c) and (i).

    (2)     Subject to subsection (3), the Chief Statistician must comply with a requirement of the Commissioner under this section.

    (3)     The Chief Statistician may refuse to comply with a requirement of the Commissioner under this section if the Chief Statistician considers that giving access to that data or 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.