Waters v Transport for NSW [2018] NSWCATAD 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Waters v Transport for NSW [2018] NSWCATAD 40 Hearing dates: 20 October 2016, 19 May 2017, 18 August 2017.Last submissions 23 October 2017. Date of orders: 15 February 2018 Decision date: 15 February 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: 1) The decision of the respondent is set aside.

2) 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 history of the applicant in contravention of section 8 (1) (b) of the Act.

Catchwords: ADMINISTRATIVE Law - PRIVACY – Personal Information – Whether reasonably necessary to collect information for allied purpose – Right to anonymous travel - Travel History -– Purpose of collection unrelated to collection – Purpose of collection unrelated to use – General right to privacy. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Health Record Information Privacy Act 2002 Passenger Transport Regulation 2007 (Repealed) Privacy Act 1988 (Cth) Privacy and Personal Information Protection Act 1998 State Records Act 1998 Cases Cited: AFW v WorkCover Authority of New South Wales [2013] NSWADT 133 AIN v Medical Council of New South Wales [2017] NSWCATAP 23 ALZ v WorkCover NSW [2015] NSWCATAP 138 APV and APW v Department of Family and Community Services [2015] NSWCATAD 140 Barton v Armstrong [1973] 2 NSWLR 598 Crescendo Management Pty Ltd v Westpac Banking Corporation (1988) 19 NSWLR 40 CRP v Department of Family and Community Services [2017] NSWCATAD 164 DAB v Byron Shire Council [2017] NSWCATAD 104 Durant v Financial Services Authority [2003] EWCA Civ 1746 Edem v The Information Commissioner, The Financial Services Authority [2014] EWCA Civ 92. EG v Commissioner of Police, NSW Police Service [2003] NSWADT 150 FM decisions - Vice-Chancellor, Macquarie University v FM (No.2) (GD) [2004] NSWADTAP 37 GA v Department of Education and Training & NSW Police (No 2) [2005] NSWADT 10 JD v New South Wales Medical Board [2008] NSWADT 67 Mulholland v Australian Electoral Commission [2004] HCA 41 NR and NP v Roads and Traffic Authority [2004] NSWADT 276 Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4 SW v Forests NSW [2006] NSWADT 74 Tofilau v The Queen (2007) 231 CLR 396. TV Shopping Network v Scutt (1998) 43 IPR 451 WL v Randwick City Council (No 2) [2010] NSWADT 84 Y v Director General, Department of Education & Training [2001] NSWADT 149 Texts Cited: Guide: What is Personal Information OAIC May 2017 Fact Sheet: Reasonably Ascertainable identity January 2017 FS 2017/001 Office of NSW Privacy Commissioner IPC Privacy NSW Guide to IPP's 1999 Category: Principal judgment Parties: Nigel Waters (Applicant) Transport for NSW (Respondent) Representation: Solicitors: N Waters, Applicant (Self Represented) NSW Crown Solicitors Office (Respondent) Privacy Commissioner (Interested Party) File Number(s): 2016/00378056, 1610285 Publication restriction: Pursuant to section 64 (1) of the Civil and Administrative Tribunal Act 2013 publication of the name of the applicant is prohibited.