# Can the privacy ombudsman give my private details to the police?

- Jurisdiction: Australia
- Practice area: Privacy & Data Protection
- Published: 2026-11-04
- Last updated: 2026-11-04
- Canonical: https://lawasked.com/au/privacy-law/can-privacy-ombudsman-give-my-private-details-police

## Question

I am currently living in Victoria and I am feeling quite anxious about a situation involving my personal data. Back in January 2024, I lodged a formal complaint with the Australian Privacy Commissioner because a large telecommunications company mishandled my private contact details and my home address during a recent system update. It has been about four months now, and while I have been communicating with the Commissioner's office to resolve the matter, I recently heard a rumour from a friend that my sensitive information might be passed on to the local police or other government enforcement agencies. I have already spent a lot of time explaining the details of my breach to the Commissioner, and I want to make sure my private information stays within that specific investigation. I am worried that if the Commissioner decides to cooperate with a state authority or a law enforcement body, my personal documents and the details of my complaint will be handed over to them without my permission. Can the Commissioner legally share the specific documents and personal information I provided during my complaint process with a different government agency or an enforcement body for their own purposes?

## Summary

Yes, the Australian Privacy Commissioner can legally share your information with an enforcement body, such as the police, under certain conditions. This sharing can occur even if you have not given your permission.

## Analysis

Under the Privacy Act 1988, the Commissioner has the power to share information or documents with other authorities. Specifically, the Commissioner may share information with a "receiving body" [1]. An enforcement body, which would include the police, is explicitly listed as a type of receiving body [1].

For your specific situation regarding the complaint you lodged in January 2024 about the telecommunications company, the Commissioner can share your documents and contact details with the police if two main conditions are met:

First, the information must have been "acquired by the Commissioner in the course of exercising powers, or performing functions or duties, under this Act" [1]. This means since you provided your details as part of a formal privacy complaint, the Commissioner likely meets this requirement.

Second, the Commissioner must be "satisfied on reasonable grounds that the receiving body has satisfactory arrangements in place for protecting the information or documents" [1]. This is a safeguard to ensure the police or other agencies handle your data securely.

If the Commissioner does share your information, the law places a restriction on how the police use it. The receiving body "may use the information only for the purposes for which it was shared" [1]. This means if the information was shared to help the police perform their specific duties, they cannot simply use it for unrelated reasons.

It is important to note that the law does not require the Commissioner to get your permission before sharing information with an enforcement body under these rules. While the Commissioner is investigating your data breach, they have the legal discretion to cooperate with law enforcement if they believe it is necessary for their functions or the functions of the police.

## Statutory citations

- Privacy Act 1988, Section 33A - Commissioner may share information with other authorities [in force] (https://www.legislation.gov.au/C2004A03712/latest/text)
  > the Commissioner may share information or documents with a body covered by subsection (2) (a receiving body ): ... (a) an enforcement body
- Privacy Act 1988, Section 33A - Commissioner may share information with other authorities [in force] (https://www.legislation.gov.au/C2004A03712/latest/text)
  > the Commissioner is satisfied on reasonable grounds that the receiving body has satisfactory arrangements in place for protecting the information or documents

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