Transport for New South Wales v Waters (No 2) [2019] NSWCATAP 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Transport for New South Wales v Waters (No 2) [2019] NSWCATAP 96 Hearing dates: 24 January 2019 Date of orders: 18 April 2019 Decision date: 18 April 2019 Jurisdiction: Appeal Panel Before: N Hennessy ADCJ, Deputy President R Seiden SC, Principal Member J Lucy, Senior Member Decision: The decision by Transport for NSW on internal review is affirmed. Catchwords: ADMINISTRATIVE LAW – personal information – whether appellant's collection of respondent's travel data via a Gold Opal Card was reasonably necessary for the appellant's purpose Legislation Cited: Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: PN v Department of Education and Training [2010] NSWADTAP 59 ZR v NSW Department of Education and Training [2009] NSWADTAP 69 Category: Principal judgment Parties: Transport for New South Wales (Appellant) Nigel Waters (Respondent) Privacy Commissioner (NSW) (Interested Party) Representation: Counsel:

A Mitchelmore SC and C Winnett (Appellant) P Batley (Respondent) Solicitors: Crown Solicitor's Office (Appellant) C McInnes (for the Privacy Commissioner NSW) (Interested Party) File Number(s): AP 18/12759 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: Waters v Transport for NSW [2018] NSWCATAD 40 Date of Decision: 15 February 2018 Before: J McAteer, Senior Member File Number(s): 2016/00378056, 1610285