Privacy Act 1988 - Public Interest Determination No. 8 (Cth)

PRIVACY ACT 1988

(PART VI)

Public Interest Determination No. 8

Applicant:	The Commonwealth Director of Public Prosecutions (CDPP)
Nature of Application:	Disclosure of personal information contained in certain CDPP files that relate to serious incidences of fraud, dishonesty and deception to the Australian Institute of Criminology (AIC) for research purposes.
Information Privacy Principles Concerned:	Information Privacy Principle 11 - Limits on disclosure of personal information
Issued	22 March 2002
Tabled:	14 May 2002
Effective:	26 August 2002

PUBLIC INTEREST DETERMINATION

I, Malcolm Woodhouse Crompton, Privacy Commissioner, make the following determination under section 72 of the Privacy Act 1988.

Dated this twenty-second day of March, 2002

MALCOLM WOODHOUSE CROMPTON

Privacy Commissioner

1) I am satisfied, in accordance with section 72 of the Privacy Act 1988, that:

a.   the disclosure, by the Commonwealth Director of Public Prosecutions (CDPP), of personal information to the Australian Institute of Criminology (AIC) pertaining to cases of serious fraud, dishonesty and deception, in the manner described in (2) breaches or may breach an Information Privacy Principle, namely Information Privacy Principle 11 – Limits on disclosure of personal information; and

b.  the public interest in the CDPP disclosing this information to the AIC in the manner described in (2) outweighs to a substantial degree the public interest in adhering to that Information Privacy Principle.

2)  The CDPP will disclose personal information held in twenty-eight (28) completed case files relating to serious cases of fraud, dishonesty and deception where:

a.   the information will be used by the AIC solely for the purpose of conducting research into the nature and extent of serious fraud in Australia and New Zealand;

b.  the information disclosed will relate only to the categories of matters listed in Attachment A;

c.   the names of witnesses, suspects, offenders, victims and those acquitted of the crime will not be recorded by the AIC;

d.  access to the information shall be provided on CDPP premises exclusively and under CDPP supervision;

e.   the staff member of the AIC responsible for inspecting the information held by the CDPP shall have substantial prior experience in criminological research involving accessing sensitive data and be personally authorised to undertake the research by the Director of the AIC;

f.   the results of the research will be published in aggregate form to prevent the identification of individuals;

g.   the results of the research will be published in such a way as to prevent the information being used to inspire or to facilitate the commission of crime; and

h.   the personal information will not be disclosed to any other agency and organisation (including PricewaterhouseCoopers) or unauthorised AIC research officer.

Attachment A

Data Collection Criteria

DATE OF INCIDENT DATE INCIDENT DETECTED BY COMPLAINANT DATE INVESTIGATION COMMENCED OFFENCES CHARGED OFFENCES NOT PROCEEDED WITH INCIDENT CLASSIFICATION INCIDENT DETAILS PROPERTY OBTAINED FINANCIAL LOSS PROPERTY RECOVERED / RESTITUTION HOW PROPERTY DISPOSED OF USE OF DOCUMENTS / FABRICATED DOCUMENTS USE OF FALSE IDENTITY CLASSIFICATION OF COMPONENT COMPLAINANT’S INDUSTRY GROUPING COMPLAINANT’S DATE OF BIRTH COMPLAINANT’S GENDER COMPLAINANT’S RELATIONSHIP TO OFFENDER JURISDICTION – LOCATION OF FINANCIAL LOSS JURISDICTION – LOCATION OF VICTIM LOCATION OF OFFENCE JURISDICTION – LOCATION OF OFFENDER OFFENDER’S DATE OF BIRTH OFFENDER’S GENDER OFFENDER’S MARITAL STATUS PLACE OF BIRTH

OFFENDER’S EDUCATION OFFENDER’S DOMESTIC CIRCUMSTANCES OCCUPATIONAL CLASSIFICATION OF OFFENDER OFFENDER’S INDUSTRY GROUPING PRIOR CRIMINAL HISTORY OF OFFENDER CO-OFFENDERS OUTSOURCED INVESTIGATION OFFENDER’S MOTIVATION COOPERATION WITH POLICE OFFENDER’S MITIGATING CIRCUMSTANCES MANNER IN WHICH INCIDENT DETECTED REASON FOR REPORTING TO POLICE COMMITTAL HEARING CUSTODY / BAIL SENTENCING COURT SENTENCING JUDGE DATE OF TRIAL DATE SENTENCED LEGAL REPRESENTATION EVIDENCE / WITNESSES VERDICT SENTENCE COMPENSATION ORDERS CONFISCATION ORDERS SENTENCING REMARKS APPEAL AND APPEAL DECISION CIVIL ACTION