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FROM THE OFFICE OF THE VICTORIAN PRIVACY COMMISSIONER
DATE
10 December 2009
Briefing on Aquasure Memorandum of Understanding
A
briefing on the Memorandum of Understanding between Victoria Police, the
Department of Sustainability and Environment and Aquasure took place today. The
briefing was attended by representatives of Victoria Police, the Department of
Sustainability and Environment, the Commissioner for Law Enforcement Data Security,
the Office of Police Integrity, the Victorian Equal Opportunity and Human Rights
Commission and the Victorian Privacy Commissioner.
Victoria Police and the Department of Sustainability and Environment gave assurances
that no information had been exchanged with Aquasure under the Memorandum of
Understanding and that the intention of the parties was that any information sharing
should be in accordance with privacy laws. Both agencies envisaged that any exchange
of personal information would be limited to that necessary for the prosecution of any
criminal offence or if, the view of Victoria Police, there was a serious risk to public
safety. An exchange for these purposes would be permitted under the Information
Privacy Act 2000.
The Department of Sustainability and Environment has agreed to provide further
information to clarify whether Aquasure is subject to state or federal privacy laws.
The Commissioner for Law Enforcement Data Security (CLEDS) has received a
reference from the Minister for Police and Emergency Services under S 11(1)(e) of the
Commissioner for Law Enforcement Data Security Act 2005 to examine the MOU in
question and to review whether it appropriately reflects the CLEDS Standards for law
enforcement data security and whether appropriate compliance, controls and
arrangements have been put in place. Part of that review will involve determining what, if
any, information has been shared under the MOU. The Commissioner commenced the
review today. The Privacy Commissioner will await the findings of the CLEDS review to
ascertain whether further action is required under the Information Privacy Act.
NEWS 
