Section 61TH - Information Commissioner must not disclose certain information
Extract of legislation
| 61TH | Information Commissioner must not disclose certain information | ||
| (1) | If a public interest complaint is referred by the IBAC to the Information Commissioner for investigation, the Information Commissioner, the Public Access Commissioner or any officer of the Office of the Victorian Information Commissioner must not disclose any information that— | ||
| (a) | is likely to lead to the identification of a person who has made an assessable disclosure; and | ||
| (b) | is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies. | ||
The identity of a person who made an assessable disclosure that led to the public interest complaint is protected.2 The Office of the Victorian Information Commissioner (OVIC) must not disclose any information that is likely to lead to the identification of a person who made an assessable disclosure, unless an exception applies.
Whether a person may be identified from information depends on a range of factors such as the nature and volume of the information, the way it is disclosed, and to whom it is disclosed. A person may be identified even where their name does not appear in the information.
For guidance on whether a person may be identifiable from information, see OVIC’s guidance on ‘personal information’ under the Privacy and Data Protection Act 2014 (Vic). The Privacy and Data Protection Act regulates the handling of ‘personal information’. Personal information is, in summary, information about an individual who is identified or whose identity is reasonably ascertainable.
Disclosing identifiable information
OVIC may disclose information that is likely to lead to the identification of a person who made an assessable disclosure where:
- the person has given written consent to OVIC to disclose that information;6
- IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee decides the disclosure is not a public interest complaint and OVIC discloses the information after that decision;7
- an investigating entity publishes identifiable information in a report to Parliament or otherwise makes the information public (acting consistently with their confidentiality obligations) and OVIC discloses the information after that publication.8
More information
For more information on public interest disclosures, see the Independent Broad-based Anti-corruption Commission’s Guidelines for handling public interest disclosures.
- Similarly, section 53(1) of the Public Interest Disclosures Act 2012 (Vic) creates an offence for a person or body to disclose information that is likely to lead to the identification of a person who made an assessable disclosure.
- Similarly, section 53(1) of the Public Interest Disclosures Act 2012 (Vic) creates an offence for a person or body to disclose information that is likely to lead to the identification of a person who made an assessable disclosure.
- Public Interest Disclosures Act 2012 (Vic), section 53(2)(a).
- Public Interest Disclosures Act 2012 (Vic), section 53(2)(c).
- Public Interest Disclosures Act 2012 (Vic), section 53(2)(d).
- Public Interest Disclosures Act 2012 (Vic), section 53(2)(a).
- Public Interest Disclosures Act 2012 (Vic), section 53(2)(c).
- Public Interest Disclosures Act 2012 (Vic), section 53(2)(d).
