Articles: Go card privacy ..

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From the Brisbanetimes click here!

Go Card records handed over without justification

Go Card records handed over without justification
Daniel Hurst
November 23, 2010 - 10:09AM

Translink handed over private commuter travel records without always ensuring police needed the information, Queensland's privacy watchdog has found.

Privacy Commissioner Linda Matthews launched an investigation after brisbanetimes.com.au revealed in July police were seeking Go Card travel records to not only pinpoint criminal suspects but also potential witnesses.

The review, released today, examined 55 police service requests for smartcard information made before the investigation began. It also looked at 16 requests after the review began, relating to a total of 142 Go Cards.

"A clear picture has emerged," Ms Matthews wrote.

"The requests for Go Card information made prior to the commencement of the review were not handled in accordance with the requirements of the Information Privacy Act on a number of occasions.

"In most cases when Translink disclosed information it did not have sufficient information to satisfy itself under the Information Privacy Act that the disclosure was necessary."

Ms Matthews said some pre-review requests asked for more information than was necessary for the investigation, with one request covering a six-month period despite only four dates being stated as being relevant to the probe.

However, she said the process improved after the issue came to light.

After the review was launched, subsequent requests were made using new procedures and a structured form developed by Translink.

Ms Matthews today put forward seven recommendations to improve the process by which requests were made and handled, including the use of a special information request form.

She urged Translink to only hand over personal Go Card information to police if it had enough information about the police investigation to satisfy itself the disclosure was necessary.

Requests for personal Go Card information should be co-signed by a more senior police officer to the one making the application, she said.

Police have sought information to help solve crimes and missing persons investigations.

Translink chief executive officer Peter Strachan said today the public transport body had implemented six of the seven recommendations, and was currently implementing the other.

"It's in the best interests of everyone that a balance be maintained between Queensland Police Service performing their duties and protecting the personal information of Translink customers," he said in a statement.

Mr Strachan said the Privacy Commissioner's advice would be a good result for the government agencies involved and passengers.

Despite the privacy concerns, Mr Strachan recommended people register their Go Cards.

[ozbob]

From the Brisbanetimes click here!

From the Brisbanetimes click here!

Want to know if police tracked your Go Card?

Want to know if police tracked your Go Card?
Daniel Hurst
November 24, 2010 - 5:42AM

Southeast Queensland commuters worried about their privacy will soon be able to check if their travel records have been passed onto police.

Privacy Commissioner Linda Matthews yesterday released the results of her investigation into the way police accessed Go Card journey data and passenger details.

Ms Matthews found Translink had breached privacy laws by handing over smartcard records without seeking enough information to ensure the details were genuinely needed.

Translink, which handles police requests, said yesterday it had already acted on six of the seven recommendations to improve privacy procedures and was working on the other.

Ms Matthews said Translink would now make a note in its Go Card database any time travel or personal details were passed onto police.

This would allow commuters to ring up and check whether their information had been disclosed.

"If people thought their privacy had been breached that's a way of checking, otherwise you've got no way of knowing," Ms Matthews told brisbanetimes.com.au.

"There was no paper trail before; police would ring up and make a request [and] sometimes it was noted, but it was happening in an ad hoc way."

Ms Matthews launched her investigation after brisbanetimes.com.au revealed in July police were seeking Go Card travel records to not only pinpoint criminal suspects but also potential witnesses.

One woman who travelled on a bus in New Farm in June said she felt rattled after being tracked down and contacted by police about a murder investigation.

The Office of the Information Commissioner's review examined 55 police service investigations which sought smartcard information before the investigation began.

It also looked at 16 requests after the review began, relating to a total of 142 Go Cards.

The report, released yesterday, said in one large investigation the names, addresses and phone numbers of 76 people with registered smartcards were released to police.

Fifteen police requests were related to homicide, assault or sexual offence investigations, while 12 were to do with burglary, theft and possession, the report said.

Nineteen pre-review requests were about missing persons, but most of the time data was not available to help police with their enquiries.

Translink will go through its records to ensure details about previous disclosures were placed on the Go Card database, but it is understood this process could take a few months to complete.

The Queensland Police Service last night said it had worked to improve its procedures.

"The previous issue arose because in the opinion of the Privacy Commissioner insufficient information was being provided [to] Translink to enable an informed decision to be made concerning the information release," the service said in a statement.

"The Queensland Police Service was not inappropriately requesting the information."

Ms Matthews said she hoped her report would help other public sector bodies in Queensland meet their obligations under the state's privacy laws.

She said there was an exemption to allow information to be disclosed for law enforcement reasons, but the public sector body needed to be satisfied the request was justified.

"What we're trying to do is say to government agencies to get on the front foot and safeguard the privacy of personal information they hold," Ms Matthews said.

"The starting point is not to disclose to other than the person involved unless there's lawful and compelling reasons to do so."

[ozbob]

Office of the Information Commissioner Queensland : Report No. 1 to the Queensland Legislative Assembly titled 'Disclosure of Personal Information - Review of Translink's disclosure of go card information to the Queensland Police Service'

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