Victorian Numbered Acts

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PRIVACY AND DATA PROTECTION ACT 2014 (NO. 60 OF 2014) - SECT 107

Commissioner may require access to data and data systems from Chief Commissioner of Police

    (1)     The Commissioner may require the Chief Commissioner of Police to give the Commissioner free and full access at all reasonable times to the following as is necessary to enable the Commissioner to perform the Commissioner's functions under section 103(2)(c) and (i)—

        (a)     any law enforcement data (including any document on which such data is recorded); or

        (b)     the Victoria Police law enforcement data system.

    (2)     The Chief Commissioner of Police may refuse to comply with a requirement of the 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.

    (3)     Section 6A of the Police Regulation Act 1958 does not apply to any power, discretion, function, authority or duty of the Chief Commissioner of Police under this section.

Note

Under section 6(1) of the Police Regulation Act 1958 any power, discretion, function, authority or duty of the Chief Commissioner of Police under this section may be exercised by a Deputy Commissioner.



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