37.1 Most agencies with law enforcement functions are covered by the Privacy Act 1988 (Cth), although a number of exceptions to the Information Privacy Principles (IPPs) exist for law enforcement activities. Two law enforcement agencies, however, are exempt specifically from the operation of the Privacy Act—namely, the Australian Crime Commission (ACC), and the Integrity Commissioner and staff members of the Australian Commission for Law Enforcement Integrity (ACLEI). This chapter considers whether these exemptions are justified and whether law enforcement activities should be included in the Privacy Act by way of an exemption rather than exceptions.[1]

[1] This distinction between an ‘exception’ and an ‘exemption’ is discussed below.