This article discusses the use of privacy and freedom of information legislation in relation to the release of care-leavers’ records in the Australian state of Victoria. First, it explains the relevance of privacy and freedom of information legislation to care-leavers’ access to records, that is that the subject of a record is entitled to access information held about them, subject to certain exemptions. Second, based on research interviews with care-leavers and record-holders, the article then discusses how the legislation is understood in practice and the difficulties that arise in determining what information can be released, particularly in relation to ‘third party data’ and ‘unreasonable disclosure’. Finally, the article considers how policy in this area could be improved to enhance the release of records.
