Police could face class action on staff prints

HUNDREDS of former police officers and recruit applicants are considering a multimillion-dollar class action against a police service for “unlawfully” keeping their fingerprints.

The Queensland Police Service said it had identified 29,000 files of former officers and applicants were retained and that it was working to rectify a “process error” which would include removal of the fingerprints from databases.

Solicitor Calvin Gnech said his firm Gnech and Associates was exploring a class action against the service for “unlawful conduct” and had been contacted by hundreds of people after two days.

He said the number of people impacted suggested it was a “significant breach” and the service should have destroyed fingerprints of unsuccessful recruits or anyone who retired, resigned or was sacked.

“The police service are the first ones to do something and hold someone to account when they have broken the law and here the police service themselves haven’t complied with the law,” Mr Gnech said.

“It’s pretty poor that they haven’t done that and what hasn’t been clarified is over what period of time they failed to comply with the law.

“Some people will say they haven’t released it to anyone, that is far from the point and there is a Human Rights Act an Information Privacy Act.”

Mr Gnech said it was unclear if any of the prints had been used in criminal investigations.

The service was asked if any fingerprints had been used in criminal investigations or searched, cross-referenced or used in any other form.

“The QPS is unable to provide specific information regarding the use of the fingerprint data for criminal investigations at this time,” a spokeswoman said.

“Changes to privacy provisions were made in 2009.”

The service put out a statement last week which said the information had remained secure within QPS systems.

“The QPS takes its privacy obligations seriously and as part of that commitment, a team of analysts has been established to review all relevant records to ensure compliance with the QPS’ privacy obligations,” the statement said.

“This will include removal of fingerprint data from police databases where retention of fingerprints is not necessary.”