sec.188APolice use of confidential information

### sec.188A Police use of confidential information This section applies if a police officer acquires information as provided for in section 187 (1) . The officer, and any other police officer to whom the information is disclosed under this section, may use the information to the extent necessary to perform his or her functions as a police officer. A police officer must not use the information under this section for an investigation or for a proceeding for an offence unless the officer, or another police officer, has consulted with the following entities about the proposed use— the chief executive; if the information was acquired under chapter 5A , part 3 , from a member of the SCAN system—the member; if the information was acquired from a prescribed entity under chapter 5A , part 4 —the prescribed entity. The purpose of a consultation under subsection (3) is to consider whether the proposed use of the information for the investigation or proceeding would be in the best interests of any child. Subsection (3) does not apply— if the information concerns an offence committed against a child; or to the extent that the police officer needs to use the information immediately to perform the officer’s functions as a police officer. This section applies subject to subdivision 1 . In this section— information includes a document. use — in relation to information, includes disclose; and in relation to a document, includes give access to. Section 248B also requires a police officer to consult with the chief executive about particular investigations and proceedings. s 188A ins 2004 No. 36 s 29 amd 2022 No. 7 s 132 sch 1 (sec.188A-ssec.1) This section applies if a police officer acquires information as provided for in section 187 (1) . (sec.188A-ssec.2) The officer, and any other police officer to whom the information is disclosed under this section, may use the information to the extent necessary to perform his or her functions as a police officer. (sec.188A-ssec.3) A police officer must not use the information under this section for an investigation or for a proceeding for an offence unless the officer, or another police officer, has consulted with the following entities about the proposed use— the chief executive; if the information was acquired under chapter 5A , part 3 , from a member of the SCAN system—the member; if the information was acquired from a prescribed entity under chapter 5A , part 4 —the prescribed entity. (sec.188A-ssec.4) The purpose of a consultation under subsection (3) is to consider whether the proposed use of the information for the investigation or proceeding would be in the best interests of any child. (sec.188A-ssec.5) Subsection (3) does not apply— if the information concerns an offence committed against a child; or to the extent that the police officer needs to use the information immediately to perform the officer’s functions as a police officer. (sec.188A-ssec.6) This section applies subject to subdivision 1 . (sec.188A-ssec.7) In this section— information includes a document. use — in relation to information, includes disclose; and in relation to a document, includes give access to. Section 248B also requires a police officer to consult with the chief executive about particular investigations and proceedings. - (a) the chief executive; - (b) if the information was acquired under chapter 5A , part 3 , from a member of the SCAN system—the member; - (c) if the information was acquired from a prescribed entity under chapter 5A , part 4 —the prescribed entity. - (a) if the information concerns an offence committed against a child; or - (b) to the extent that the police officer needs to use the information immediately to perform the officer’s functions as a police officer. - (a) in relation to information, includes disclose; and - (b) in relation to a document, includes give access to.