[Greens-Media] Media release: Opal Card policy referred to privacy watchdog for breach of the Privacy Act

[David Shoebridge MLC]

 *Media release *
*16 July 2014*
*Opal Card policy referred to privacy watchdog for breach of the Privacy
Act *


The Opal Card privacy policy that allows for the widespread sharing of
personal information regarding the movements of Opal card users has been
referred by the NSW Greens to the state's Privacy Commissioner as a breach
of the Privacy Act. The new power allows a broad range of "law enforcement
agencies" to access this data without any oversight by a Court or any
search warrant being obtained.


The Greens NSW have lodged a formal complaint with the Information and
Privacy Commissioner seeking urgent intervention to prevent people across
NSW being forced to choose between travelling on public transport and
preserving their privacy.


See reporting in the SMH here:
http://www.smh.com.au/digital-life/consumer-security/police-commissioner-defends-access-to-opal-card-records-20140715-zt862.html




Greens MP and Justice Spokesperson David Shoebridge said:


“The Opal Card sign-up process requires the giving of what is called a
“bundled consent” which allows for the widespread disclosure of users'
personal information under the Opal Privacy policy.


“Given the Opal card is increasingly the only practical public transport
ticketing option, and there is no ability to opt-out of this privacy
requirement, this consent can’t be seen as voluntary.


“People should not have to choose between accessing public transport and
preserving their privacy.


“Transport for NSW has gone well beyond that is reasonable in requiring
Opal users to consent to the broad sharing of personal information.


“It is hard to see any legitimate use of private information from the Opal
card by law enforcement agencies that would not satisfy the criteria for a
warrant.


"Having all Opal Card users' information available on simple request is an
unacceptable infringement of the privacy of members of the community.


“The Greens have lodged a formal complaint with the Information and Privacy
Commissioner calling for that office's intervention and an amendment to the
Opal policy.


"We are seeking to have an "opt out" clause inserted in the policy to
prevent the open slather sharing of Opal Card user's information," Mr
Shoebridge said.


Greens MP and Transport spokesperson Dr Mehreen Faruqi said:


“Public transport users in NSW have been waiting for years for an overhaul
of our ticketing system, but we need to make sure commuter privacy rights
are not compromised in the process.


“By forcing people on the Opal Card, they are not only removing some
cheaper alternatives by we now find out that their privacy may also be
compromised.


“The Government is undermining people’s confidence in public transport by
compromising their privacy rights," Dr Faruqi said.


*Media contact: David Shoebridge 9230 3030 / 0408 113 952*


A copy of the complaint to the IPC is available on request.

-- 

* David ShoebridgeGreens MP in the NSW Legislative Council P: (02) 9230
3030 |Media: 0408 113 952|T: @ShoebridgeMLC
<http://twitter.com/#!/shoebridgemlc> SIGN UP TO STAY IN
TOUCH at davidshoebridge.org.au/sign-up
<http://davidshoebridge.org.au/take-action/sign-up/> *