Source: Privacy Commissioner
Privacy Commissioner John Edwards has welcomed the settlement reached between Nicky Hager and Westpac over the banks disclosure of Mr Hagers financial information to Police in 2014. Mr Edwards says there are important lessons to be learned from the case, particularly around the need for clear process when commercial organisations deal with Police requests for customer information. Police had sought Mr Hagers bank information from Westpac without seeking a production order or search warrant from a court. The bank responded by providing several months of his transaction information. Westpac has acknowledged it was wrong to give Mr Hagers bank information to Police without seeking further explanation.
The Privacy Act allows companies to disclose some information to Police and other law enforcement agencies where necessary to avoid a prejudice to the maintenance of the law.