Police using misleading forms to gather information

The police are being forced to change the way they gather some information.

It follows a complaint alleging they use misleading paperwork to access details they don't have an automatic right to.

The so-called "information request forms" police are using don't make it clear that it's entirely voluntary to hand over what they're asking for. It can be sent to any one asking for all sorts of details.

In this case it requested credit card information, computer files and phone details as part of an investigation into a man, who doesn't want to be named. The form was emailed to his work.

"I was absolutely shocked with the information that was in it, it arrived to a generic email address and anyone could have seen it," he says.

It disclosed his multiple fraud convictions and he says the spread of that information caused problems at work, even though he's stayed out of trouble for more than five years.

"I've made a number of steps to turn around and improve my life, then this one particular letter turns around and throws a massive spanner in the works," he says.

He's never been charged. His case prompted a complaint to the Independent Police Conduct Authority (IPCA) that the forms are misleading.

"It's got a police letterhead on it," he says. "It gives the impression that you are legally obliged to disclose that information to the police."

But you're not - yet nowhere on the form does it say acceding to the request is entirely voluntary.

The form also has a warning that disclosing the mere existence of the request "may constitute a criminal offence".

The IPCA has found that blanket warning could be seen as "unduly heavy handed" and should go, and the form should make it "absolutely clear... beyond doubt that it's voluntary to provide the information requested".

The police say there have been delays in drafting the new form due to consultation with major financial institutions, telcos, technology companies and the Privacy Commissioner - and some changes are yet to be agreed on.

But the updated form will make it clear providing information is voluntary.

Police expect to be using the new form by the end of the month.

Newshub.