Waters v Transport for NSW [2018] NSWCATAD 40

Waters v Transport for NSW [2018] NSWCATAD 40

The applicant's registration information and the travel history recorded and accessible from his registered Gold Opal card were his personal information because the card was registered to him and the travel data could be linked to him. Transport for NSW established that collection of eligibility and registration information was reasonably necessary to verify and manage concession entitlement and cancel cards, but it did not establish that collection of the applicant's identifiable travel movement history was reasonably necessary for that purpose. The mandatory registered card design caused travel, billing and location history to be collected for a purpose beyond entitlement and...

Jurisdiction
Australia
Judgment Date
15 February 2018
Procedural Posture
Administrative Review of Conduct by a Public Sector Agency Under the Privacy and Personal Information Protection Act 1998 / Principal Judgment After Hearing
Outcome
The respondent's decision was set aside and breach of Information Protection Principle 1 / s 8(1)(b) of the Privacy and Personal Information Protection Act 1998 was found.
Legal Topics
['personal Information' 'information Protection Principle 1' 'collection of Personal Information' 'reasonably Necessary Collection' 'opal Card Travel History' 'concession Travel' 'anonymous Travel' 'administrative Review']
['administrative Law' 'privacy Law'] ['personal Information' 'information Protection Principle 1' 'collection of Personal Information' 'reasonably Necessary Collection' 'opal Card Travel History' 'concession Travel' 'anonymous Travel' 'administrative Review']

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Procedural Posture

Administrative Review of Conduct by a Public Sector Agency Under the Privacy and Personal Information Protection Act 1998 / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the applicant's registration information and Opal Gold card travel movement history were personal information within the meaning of s 4 of the Privacy and Personal Information Protection Act 1998." "Whether Transport for NSW collected personal information relating to the applicant's travel movement history for a purpose for which collection was reasonably necessary under s 8(1)(b) of the Privacy and Personal Information Protection Act 1998." "Whether the Tribunal could determine issues concerning all Gold Opal card holders or only the applicant's personal information." "Whether Health Privacy Principle 13 concerning anonymity applied to the applicant's case."]

Ratio Decidendi

The applicant's registration information and the travel history recorded and accessible from his registered Gold Opal card were his personal information because the card was registered to him and the travel data could be linked to him. Transport for NSW established that collection of eligibility and registration information was reasonably necessary to verify and manage concession entitlement and cancel cards, but it did not establish that collection of the applicant's identifiable travel movement history was reasonably necessary for that purpose. The mandatory registered card design caused travel, billing and location history to be collected for a purpose beyond entitlement and...

Court Disposition

The respondent's decision was set aside and breach of Information Protection Principle 1 / s 8(1)(b) of the Privacy and Personal Information Protection Act 1998 was found.

Orders

  • ['The decision of the respondent is set aside.' 'Pursuant to section 55 (2) (b) of the Privacy and Personal Information Protection Act 1998, the respondent is to refrain from the conduct in breach of Information Protection Principle 1 concerning any collection of personal information relating to travel movement...