Dealing with Police
How to handle Police enquiries and requests for information
From time to time the Police and other Government authorities request information from the University about students and staff. Privacy law refers to this as "Personal Information".
Personal Information is any information or an opinion about an individual whose identity is apparent or can be reasonably ascertained from that information or opinion. It can include, for example a name, address, telephone number, date of birth, medical record, student ID number, video footage or photograph of a person.
UNSW does not normally release Personal Information without a Warrant or Subpoena
Personal Information about a student or member of staff must not be disclosed to a third party, including the Police. It is an offence to release Personal Information outside the University, except where required or permitted by law, for example in response to a Subpoena or a Warrant.
Special circumstances may justify an Exception to the rule. Releasing Personal Information appropriate in certain situations
There may be, in certain situations, special circumstances that mean it is appropriate to release Personal Information. These situations include:
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Where the University, including a student or staff member, has been the victim of a crime and we have requested Police assistance, or
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Where there is a serious threat to a person's health or safety, the threat is imminent and the disclosure of the Personal Information is reasonably necessary to prevent or lessen the threat to personal or public health or safety.
While there may be special circumstances making it reasonable to disclose Personal Information, exceptions to the rule that Personal Information should not be released, are notoriously difficult to determine. Situations where it may appear reasonable to release Personal Information should be determined in consultation with the Legal Office.
Suggested response to Police requests to release information
For the University to properly consider a request to release the Personal Information in the absence of either authority from the student or staff member, or a Warrant or Subpoena, the request should be made in writing. A suggested response to a telephone or an informal request for information from the Police, where they do not have a Warrant or Subpoena, is as follows:
"In order for UNSW to consider this request we require that you specify, in writing, the information you want the University to release. Please explain any special circumstances related to your request that may justify releasing this information in the absence of a Warrant or Subpoena."
The answer the Police provide to this question will help us decide if we should release the information they have asked for.
How should the Police proceed?
The preferred and generally most appropriate method for the Police and other prosecuting authorities wanting Personal Information from the University is through a Warrant or Subpoena. It is a routine standard procedure to obtain Personal Information through a warrant or subpoena.
What is a Warrant?
Police obtain a search warrant through a Judge or Magistrate by establishing a probable cause to believe that a search will yield evidence related to a crime, or a situation where it is reasonable to believe a crime has been committed.
What is a Subpoena?
A Subpoena is (sometimes referred to as a Summons) a document issued by the Court once legal proceedings have actually commenced. The Summons or Subpoena requires the person who it has been served upon to deliver to the Court the documents described in the Subpoena.
For legal advice in relation to how to deal with request from the Police please contact the UNSW Legal Office on 9385 2701 or legaloffice@unsw.edu.au