- Who is the Commissioner for Law Enforcement Data Security and what is his role?
- What is 'CLEDS'?
- What is 'law enforcement data'?
- What is a 'law enforcement data system'?
- What do the Standards for Victoria Police Law Enforcement Data Security cover?
- Who must comply with the Standards?
- What is the nature of the relationship between the Commissioner for Law Enforcement Data Security and Victoria Police?
- Is the Commissioner for Law Enforcement Data Security responsible for overseeing the replacement of Victoria Police's LEAP system?
- Is the Commissioner for Law Enforcement Data Security responsible for the operation of Victoria Police's LEAP system until its replacement?
- Should I contact the Commissioner for Law Enforcement Data Security if I believe that the integrity of law enforcement data has been compromised?
Who is the Commissioner for Law Enforcement Data Security and what is his role?
Mr David Watts is the Commissioner for Law Enforcement Data Security. Mr Watts commenced on 4 November 2008. His functions and powers are set out in sections 11 and 12, respectively, of the Commissioner for Law Enforcement Data Security Act 2005. They include:
- establishing appropriate standards for the security and integrity of law enforcement data systems;
- establishing appropriate standards and protocols for access to, and release of, law enforcement data;
- monitoring compliance with the standards and protocols; and
- udertaking reviews of any matters relating to law enforcement data security requested by the Minister for Police and Emergency Services or the Chief Commissioner of Police.
The Commissioner has the power to do all things that are reasonably necessary for, or in connection with, the carrying out of his functions.
The Commissioner provides a report each year to the Minister for Police and Emergency Services, who must table the report in Parliament.
Top of Page
What is 'CLEDS'?
'CLEDS' is an abbreviation of the term 'Commissioner for Law Enforcement Data Security'. The office of the Commissioner for Law Enforcement Data Security is an independent statutory office established by the Commissioner for Law Enforcement Data Security Act 2005. This Act commenced on 1 July 2006.
The Commissioner is assisted in the performance of his duties by a small team of technical specialists and policy advisers.
Top of Page
What is 'law enforcement data'?
'Law enforcement data' is defined in the Commissioner for Law Enforcement Data Security Act 2005 as:
'...any information obtained, received or held by the police force of Victoria -
- for the purpose of one or more of its, or any other law enforcement agency's, law enforcement functions or activities; or
- for the enforcement of laws relating to the confiscation of the proceeds of crime; or
- in connection with the conduct of proceedings commenced, or about to be commenced, in any court or tribunal; or
- for the purposes of its community policing functions'.
Such information includes text, images, audio and video held on computing devices or in hard copy format or other storage media, including but not limited to, data relating to individuals or aggregated data, written reports and correspondence, memoranda, police diaries, official notebooks, running sheets and other data repositories.
Top of Page
What is a 'law enforcement data system'?
A 'law enforcement data system' is defined in the Commissioner for Law Enforcement Data Security Act 2005 as:
'...a database kept by the police force of Victoria (whether in computerised or other form and however described) containing law enforcement data.'
In an information technology system, this refers to all hardware, software, networks, cables, peripheral equipment, information, data, personnel, and procedures that comprise a computer environment. Non-electronic databases refer to data repositores such as the Victoria Police official filing system or Sworn Members' police diaries, official notebooks and running sheets.
Top of Page
What do the Standards for Victoria Police Law Enforcement Data Security cover?
The Standards outline necessary controls for the secure management of law enforcement data systems and the information they contain. The Standards capture the essence of best practice to be observed in relation to law enforcement data security management.
There are forty-three Standards organised into fifteen chapters:
- Internal Security Organisation
- Roles and Responsibilities
- Access Control
- Release
- Physical Security
- Remote and Mobile Acess
- Electronic Data Storage Devices
- Cryptographic Controls
- Law Enforcement Data Systems Acquisition and Development
- Security Classified Law Enforcement Data
- Risk Management
- Security Incident Management
- Business Continuity Management
- Relationships between Victoria Police and Approved Third Parties
- Compliance
For detail on the Standards, go to this page.
Top of Page
Who must comply with the Standards?
Victoria Police must comply with the Standards and Protocols established by the Commissioner for Law Enforcement Data Security.
The Standards also provide security requirements for information-sharing agreements that Victoria Police has with approved third parties who are able to directly access Victoria Police law enforcement data.
Top of Page
What is the nature of the relationship between the Commissioner for Law Enforcement Data Security and Victoria Police?
The Commissioner for Law Enforcement Data Security is an independent statutory office established under the Commissioner for Law Enforcement Data Security Act 2005 ('Act').
It is separate from, and independent of, Victoria Police.
Due to the nature of the role, however, the Commissioner for Law Enforcement Data Security liaises closely with Victoria Police on matters concerning law enforcement data security. Further, the Act provides that the Commissioner must consult with the Chief Commissioner of Police when establishing appropriate standards and protocols for the security and integrity of law enforcement data systems and access to, and release of, law enforcement data.
In addition, the Commissioner is given authority under the Act to 'request the Chief Commissioner of Police to provide any assistance that the Commissioner for Law Enforcement Data considers appropriate to perform his or her functions...,including the provision of staff and facilities'.
Top of Page
Is the Commissioner for Law Enforcement Data Security responsible for overseeing the replacement of the LEAP system?
No. The principal roles of the Commissioner for Law Enforcement Data Security are to establish standards and protocols for the secure management of law enforcement data by Victoria Police and monitor Victoria Police's compliance with those standards and protocols.
In carrying out these roles, the Commissioner will maintain a close interest in the security of information held in Victoria Police's law enforcement data systems, including the Victoria Police Law Enforcement Assistance Program (LEAP). Decisions concerning the acquisition, development and maintenance of such systems, however, are operational matters for determination by Victoria Police.
Top of Page
Is the Commissioner for Law Enforcement Data Security responsible for the operation of Victoria Police's LEAP system until its replacement?
No. Victoria Police has the responsibility for the operation of the system. The Commissioner for Law Enforcement Data Security seeks to ensure that Victoria Police manages the Law Enforcement Assistance Program (LEAP) database in accordance with the standards on law enforcement data security established by him.
Top of Page
Should I contact the Commissioner for Law Enforcement Data Security if I believe that the integrity of law enforcement data has been compromised?
Complaints about Victoria Police's treatment of law enforcement data should be made to the Victoria Police Ethical Standards Department, the Independent Broad-based Anti-corruption Commission (IBAC) or the Victorian Privacy Commissioner. Contact details for each of these organisations are provided below.
The office of the Commissioner for Law Enforcement Data Security was not established to deal with complaints.
Victoria Police Ethical Standards Department
Telephone: 1300 363 101
Email: ethical.standards@police.vic.gov.au
Independent Broad-based Anti-corruption Commission (IBAC)
Telephone: 1300 735 135
Email: info@ibac.vic.gov.au
Victorian Privacy Commissioner
Telephone: 1300 666 444
Email: enquiries@privacy.vic.gov.au
